A 5-member bench dismissed a PIL filed by Jagdamba Charitable Trust, holding that the petition sought personal property rights and lacked public interest.
The petition filed as a PIL is dismissed.
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57 D.B.CIVIL WRIT PETITION [P.I.L.] NO.7319/2013
SHRI BINJRAJ JI DHALLA [SONI] JAGDAMBA CHARITABLE TRUST VS. STATE & ORS.
Date of Order :: 13th February 2014
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE BANWARI LAL SHARMA
Mr.Ravindra Singh for the petitioner. Mr.Rajesh Panwar Additional Advocate General for the State.
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After having heard the learned counsel for the parties, we are clearly of the view that by way of this petition, filed as a Public Interest Litigation [‘PIL’], certain descendents of the same ancestor, who have allegedly formed a Trust, seek only to assert their personal rights over the land in question in the name of ‘Johara’ and 'Paitan’ ; and this petition does not carry any element of public interest
From the material placed on record, including the detailed note-sheets for dealing of the matter at various level in the Government, it is more than apparent that in relation to the same land, different members of the family had filed different civil suits in the competent civil courts but had not been able to obtain the desired relief i.e., the ownership of the land in question.
Without going into any other aspect of the matter, sufficient it is for the present purpose to observe that viewed from any angle, this one cannot be termed as a Public Interest Litigation.
This petition, filed as PIL, therefore, stands dismissed.
[BANWARI LAL SHARMA],J. [DINESH MAHESHWARI],J.
mamta
1 issue framed by the court
Whether a petition filed by descendants of an ancestor to assert personal land rights qualifies as a Public Interest Litigation.
SHRI BINJRAJ JI DHALLA [SONI] JAGDAMBA CHARITABLE TRUST
STATE
DINESH MAHESHWARI
BANWARI LAL SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
