Single judge order where Writ Petition challenging an order by Permanent Lok Adalat directing the petitioner to remove waterlogging was dismissed as frivolous for shirking public duty.
Petition dismissed; stay application dismissed; pending applications disposed of.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 651/2020
Urban Improvement Trust, Bikaner, Through Its Executive Engineer Yakub Bhati, Presently Posted As Executive Engineer, Urban Improvement Trust, Bikaner.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. N.R. Budania on behalf of Mr. Rajeev Purohit For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
18/02/2021
In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
This writ petition has been preferred by the Urban Improvement Trust (UIT), Bikaner claiming the following relief:
“(i) By an appropriate writ, order or direction, the impugned order dated 29.08.2019 (Annexure-4) passed by the Permanent Lok Adalat, Bikaner may kindly be quashed and set aside”
In this matter, vide the impugned order dated 29.08.2019, passed by the Permanent Lok Adalat, Bikaner, the petitioner-UIT,
(2 of 2)
[CW-651/2020]
Bikaner was ordered to remove the waterlogging in public interest, and in case of failure to do so within the stipulated period, the petitioner was held liable to pay the costs.
This Court is of the opinion that this kind of petition is not only hurting the public rights, but is also against the very spirit, for which the UIT has been formed.
This Court strictly deprecates the manner in which the UIT is shirking away from its responsibility, and thus, this Court finds that this is a frivolous petition preferred to avoid the discharge of public duties, for which the UIT is bound down.
In light of the aforesaid observations, the present petition is dismissed. The stay application also stands dismissed. All pending applications stand disposed of.
(DR. PUSHPENDRA SINGH BHATI),J.
20-SKant/-
1 issue framed by the court
Whether the petition challenging the order directing the UIT to remove waterlogging should be dismissed as frivolous.
Urban Improvement Trust
State Of Rajasthan
Kamna Choudhary
Municipal Corporation
_pushpendra_singh_bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
