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2015 Supreme(Raj) 408
Rajasthan High Court
Mahavir Jain Vs. State of Rajasthan & Ors. (Ambwani, CJ.)
HON'BLE SUNIL AMBWANI, C.J.
HON'BLE JAISHREE THAKUR, J.
Mahavir Jain
Versus
State of Rajasthan & Ors.
D.B.Civil Writ Petition (PIL) Nos. 9730, 3185, 3054 of 2011 and 551 of 2012, decided on 20.01.2015
S.P.Sharma, for Petitioner;
Sandeep Shah, S.S.Ladrecha, AAG, Ravindra Singh, Kuldeep Mathur and Ms. Kausar Parveen, for Respondents
Headnote:Public Interest Litigation — Rajasthan High Court Rules, 1952, Rule 385-E, 385-G, 385-H — Maintainability of writ petition in Public interest — Credentials and Object — Petitioner is owner and publisher of newspaper — A number of criminal cases registered against him for blackmailing and extortion — Intends to settle scores — Held — A writ petition in public interest may be entertained if it has been brought in a bona fide manner by a person who has genuine concern to espouse a public cause — The proceedings of the High Court should not be allowed to be used for ventilating personal grudge and to settle personal scores. (Paras 10 to 16)
Writ petitions dismissed with costs of Rs. 50,000/-.
tu fgr ;kfpdk & jktLFkku mPp U;k;ky; fu;e] 1952] fu;e 385 -E] 385-G, 385-H & tufgr esa fjV ;kfpdk dh iks"k.kh;rk & izek.k i= vkSj mn~ns'; & izkFkhZ ,d v[kckj izdk'kd ,oa ekfyd gS & Mjk /kedk dj iSlk ,saBus vkSj ywV ds dbZ eqdnesa mlds fo:) ntZ gS & fglkc&fdrkc pqdrk djus ij vkeknk gS & vfHkfu/kkZfjr & dksbZ Hkh fjV ;kfpdk dks tufgr esa xzg.k fd;k tk ldrk gS] ;fn mls fdlh ,sls O;fDr }kjk ln~Hkko iw.kZ <ax ls yk;k x;k gks ftls fdlh yksd gsrq Lohdkj djus dh vlyh fpUrk gks& futh bZ";kZ dks gok nsus vkSj vius futh fglkc fdrkc dks pqdrk djus gsrq mPp U;k;ky; dh dk;Zokgh dk mi;ksx djus dh vuqefr ugha nh tkuh pkfg;sA
fjV ;kfpdk,a :- 50]000@& ds [kpsZ lfgr [kkfjt dhA ¼in la[;k 10 ls 16½
Hon’ble AMBWANI, ACTG.CJ.—We have heard learned counsel appearing for parties
2. This Writ Petition No.9730/2011 is filed in public interest with the following prayers:-
“It is, therefore, most respectfully prayed by the petitioner before your Lordship that; this writ petition filed by the petitioner, may kindly be allowed with cost and;
(i) By an appropriate writ, order or direction, in the nature thereof, the respondent Department of Local Bodies, Jaipur may kindly be directed to take immediate suitable action including disciplinary action, against respondent No.7 and 8, for various irregularities committed by them, in discharge of their duties in Municipality Barmer and by a suitable order, they kindly be immediately transferred or removed from Municipal Council Barmer and be posted at any other place, so that, no more injury is caused to Municipality Barmer and enquiries being undertaken in regards to various irregularities in the matter of regularisation of land and embezzlement of Municipal Funds, is not hampered or influenced by respondent No.7 and 8.
(ii) By an appropriate writ, order or direction in the nature thereof, the State of Rajasthan, may kindly be directed to carry out special audit, by Local Fund Audit or by any other suitable agency, to enquire all the cases of regularisation in regards to land of Kacchi Basti area and cases of disposal of other lands of Municipality Barmer, from year 2000 till date and report of the enquiry be placed before this Hon’ble High Court, for further action, if found needfull.
(iii) By an appropriate writ, order or direction, in the nature thereof a suitable enquiry/investigation in the matter may kindly be ordered by Central Bureau of Investigation (C.B.I.) or by Anti Corruption Bureau and it may kindly be directed to seize off entire record of Municipality Barmer, in regard to various irregularities committed by the respondent No.7 and 8 and to investigate role of respondent No.9, Public Representatives Shri Mewa Ram Jain, MLA, Barmer, for his role in disposal of Municipal Land, as stated in this writ petition.
(iv) or if deemed fit in the facts and circumstances; by an appropriate writ, order or direction, in the nature thereof, suitable action may kindly be ordered for taking disciplinary/ criminal action against all the Municipal Chairman, Barmer and other government officials/ employees, found involved in illegal regularization/grant of lease deeds in respect of land of Municipality Barmer from year 2000 till date.
(v) Any other order or direction which the Hon’ble Court deems fit and proper may kindly be passed in the matter.”
3. The petitioner has identified himself in paragraph 3(i) of the writ petition as a citizen of India and a permanent resident of District Barmer. He also produced copy of PAN Card for proof of his identity. He has stated in paragraph 3(2) to (6) as follows:-
“(2) The in this petition, the petitioner does not have any personal interest in the matter. The petition is being filed in the interest of public at large to raise voice, in regards to large scale irregularities which has been committed by the respondent No.7 and 8 and who have been continuously causing loss to the respondent Municipality Barmer and to Government, for last more then 15 years, by sitting at one place in Municipality Barmer, and they have been involved in various cases of corruption, but because of political support of local MLA Shri Mewa Ram Jain (former Municipal Chairman) and other local leaders, the Government is not able to take any action against them, till date and despite, there being repeated recommendation for disciplinary action and to lodge FIR, no disciplinary action is initiated against respondent No.7 and 8, which is a matter of serious concern.
(3) That, the entire litigation cost, including the advocate’s fee and other charges is being borne by the petitioner, from his personal income. The petitioner is a Tax Payer and holds Permanent Account Number AEXPJ-9924J.
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