The High Court dismissed a PIL filed by a local resident seeking cancellation of a 2006 No Objection Certificate and removal of a magazine godown, holding the petition frivolous and time-barred.
The filing of the petition is dismissed.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
DB Public Interest Litigation Petition No.12968/2014 Radhey Shyam Shuklabas Vs. State of Rajasthan & ors.
Date of Order :: 17/12/2014
PRESENT HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE J.K. RANKA
Mr. Tanveer Ahmed, for the petitioner.
The petitioner, claiming himself to be a local resident of village Shuklabass, Tehsil Kotputli, Distt. Jaipur, has filed instant petition in the form of public interest litigation seeking cancellation of the No Objection Certificate issued to magazine godown at Village Pawana (Ahir), Kotputli, Gram Panchayat Shuklabas way back in May, 2006 by the District Collector, Jaipur in the name of Shri Dhoor Singh s/o Bhanwar Singh and further to remove the encroachment of the magazine godown from Khasra No.131.
Counsel submits that as a local resident of the area, the petitioner has made numerous correspondence with the District Collector and so also with certain other local authorities for removal of the construction of the magazine godown but neither the District Collector nor any other authority has taken pains to examine and that is why the petitioner has approached this Court by filing instant petition.
Every correspondence made is not supposed to be
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acknowledged by the competent authority. The No Objection Certificate has been granted by the District Collector way back in May, 2006 and any incumbent, if at all aggrieved, can certainly avail remedy which the law permits but in a public interest petition, what is being prayed for by the petitioner as a local resident of the area, may not give him right to question the No Objection Certificate after eight years and for removal of the construction raised pursuant thereto after seeking due permission of the competent authority.
In our considered view, the instant petition is wholly frivolous and appears to have been filed for certain ulterior reasons.
Consequently, the petition stands dismissed.
[J.K. RANKA],J. [AJAY RASTOGI],J.
Raghu/p.2/
Certificate:All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed. Raghu, Sr. PA.
Radhey Shyam Shuklabas
State of Rajasthan
Ajay Rastogi
J.K. Ranka
As recorded by the court registry
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