This application sought restoration of a dismissed PIL challenging Municipal Board jurisdiction. The court expressed reservations on PIL status but permitted withdrawal, advising parties to pursue appropriate remedies instead.
Petition dismissed as withdrawn; petitioners advised to take appropriate legal remedies and permitted to withdraw.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
10 D.B. CIVIL MISC. RESTORATION APPLICATION NO.83/2013 Umashankar & Anr. Vs. State of Rajasthan & Ors.
DATE OF ORDER : 12th February 2014.
HON’BLE MR. JUSTICE DINESH MAHESHWARI HON’BLE MR. JUSTICE BANWARI LAL SHARMA
Mr. H.R. Chawala, for the petitioners.
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This is a petition seeking restoration of CWP No.3288/2012, which was filed as a Public Interest Litigation ('PIL'); and came to be dismissed for non-compliance of the requirement of the preemptory order for removal of defects.
Having gone through the petition for restoration and the attached record of the original writ petition, we have expressed reservations in entertaining the matter involved in the writ petition as a PIL.
The learned counsel submits that the petitioners shall stand advised not to proceed with this matter any further but to take recourse to the appropriate remedies in accordance with law; and seeks permission to withdraw with such liberty for the petitioners. Even otherwise, we are clearly of the view that for the issue as sought to be raised as regards a particular construction within the jurisdiction of the Municipal Board, Suratgarh, the matter is not required to be dealt with in PIL jurisdiction. However, on the submissions made, the petitioners are permitted to withdraw and are free to take recourse to the appropriate remedies in accordance with law.
Subject to the observations foregoing, this petition stands dismissed as withdrawn.
(BANWARI LAL SHARMA),J.
(DINESH MAHESHWARI),J.
cpgoyal/-
1 issue framed by the court
Whether a restoration application for a petition dismissed for non-compliance should be entertained as a Public Interest Litigation regarding Municipal Board jurisdiction.
Umashankar & Anr.
State of Rajasthan & Ors.
DINESH MAHESHWARI
BANWARI LAL SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
