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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, ACJ, SANJEET PUROHIT
Rajendra Kumar Sharma S/o Govindlal Sharma – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. consideration of encroachment orders (Para 2 , 3 , 4) |
| 2. claims of land ownership and buffer zone clarification (Para 5 , 6 , 7) |
| 3. clarified buffer zone dimensions (Para 8) |
| 4. objecting to the maintainability of the pil (Para 9) |
| 5. principles governing public interest litigation (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 6. final judgment on integrity of petitioners and costs imposed (Para 17 , 18) |
| 7. closure of pil proceedings and cost forfeitures (Para 19 , 20 , 21) |
ORDER :
1. Heard.
2. The matter comes upon for consideration of IA NO.2/25 for recalling/modification of the order dated 19.08.2025.
3. This Court vide order dated 19.08.2025 has passed the following directions :
“Mr. Vishwajeet Singh, Sub Divisional Magistrate, Distt.
Baran, is present before this Court today and informed that he has been appointed as Officer In-charge in the matter only on 19.08.2025. He may file a reply but we direct him to also take steps and conduct an inquiry as to how much encroachment has been done on the river banks and what steps are being taken to remove them.
Notice(s) be issued to the encroachers and the encroachments may be removed. If required, the S.D.M may take full police assista
Public Interest Litigation must be pursued in genuine public interest, not personal motives; misuse thereof may lead to dismissal with costs.
Public interest litigants must have clean hands and credible credentials, and the courts must validate claims to prevent frivolous petitions, while retaining the sanctity of public interest litigatio....
Point of Law : Courts must do justice by promotion of good faith, and prevent law from crafty invasions. Courts must maintain the social balance by interfering where necessary for the sake of justice....
Public Interest Litigations must be filed by individuals with clean hands and bona fide intentions; failure to disclose criminal antecedents can lead to dismissal.
Public interest litigations must be genuine and not motivated by personal agendas; previous judgments on similar issues bind the parties, barring new petitions.
A challenge to a long-standing notification under the Muslim Wakfs Act after an undue delay is impermissible, reinforcing the finality of administrative actions.
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