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2015 Supreme(Raj) 1413

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Sunil Ambwani, Prakash Gupta, JJ.
Mrs. Norti - Appellant
Versus
State of Rajasthan and another - Respondent
D.B. Civil Writ Petition (PIL) No. 14501 of 2014.
Decided On : 2-03-2015

Advocates:
For the Petitioner: Mr. Deepak Asopa, Counsel.

A writ petition seeking a writ of mandamus is not ordinarily maintainable without making a representation to the statutory authority by way of demand to perform its statutory functions.

Headnote:

Mandamus - Residential Scheme on Pasture Land - The court disposed of the writ petition with a direction to the respondent to consider and decide on the representation made regarding the development of a residential colony on pasture land, emphasizing the need for a representation to the statutory authority before seeking a writ of mandamus.

Fact of the Case:

The petitioner sought to set aside the decision of the Jaipur Development Authority to formulate a residential scheme on pasture land where a school is running and trees have been planted.

Finding of the Court:

The court found that the petitioner did not file a representation to the Jaipur Development Authority, which is necessary before seeking a writ of mandamus.

Issues: The main issue was whether the petitioner's writ petition seeking a writ of mandamus was maintainable without filing a representation to the statutory authority.

Ratio Decidendi: The court emphasized that a writ petition seeking a writ of mandamus is not ordinarily maintainable without making a representation to the statutory authority by way of demand to perform its statutory functions.

Final Decision: The writ petition was disposed of with a direction to the respondent to consider and decide on the representation made regarding the development of a residential colony on pasture land, emphasizing the need for a representation to the statutory authority before seeking a writ of mandamus.

JUDGMENT

1. By this writ petition, filed in public interest, the petitioner has prayed for a direction to set aside the decision taken by the Jaipur Development Authority in respect of formulating the residential scheme under the name of Hari Vihar over the pasture land falling in Khasra No.516 of Village Panwaliya, Panchayat Samiti Sanganer, Jaipur.

2. It is stated that the land is classified as pasture land, and on which a school is running. The Gram Panchayat was also given responsibility for protection of the plantation of trees on the land, and that at present a large number of green trees are standing on the land.

3. The petitioner has relied on the Jamabandi (revenue records) to establish that the land in Khasra No.516 is recorded as 'Charagah land'.

4. We do not find that the petitioner has filed any representation to the Jaipur Development Authority, bringing to its notice the resolution passed by the Gram Panchayat, making a complaint of developing a residential colony on the land, which is recorded as pasture land, and on which the school is running and trees have been planted.

5. A writ petition, seeking a writ of mandamus, is not ordinarily maintainable, if a representation is not made to the statutory authority by way of demand to perform its statutory functions.

6. The writ petition is, accordingly, disposed of with a direction to the respondent No.2 that in case an appropriate representation is made, the same may be considered and decided as expeditiously as possible, and preferably within a period of four weeks after carrying out an inspection, by a reasoned order. The decision on the representation will be communicated to the petitioner.Writ Petition Disposed of as above.

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