High Court, Jodhpur dismissed a Public Interest Litigation alleging illegal constructions, holding that the issue is already sub-judice before civil courts and no directions could be issued at this stage.
Dismissal of the petition with liberty to revive if an eventuality arises.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 3150/2022
Narendra Singh Rajawat S/o Deep Dan Rajawat, Aged About 64 Years, By Caste Charan, R/o Ambedkar Colony, Old Shiv Badi Road, Bikaner.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Vipul Singhvi.
HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE FARJAND ALI
Order
09/05/2022
This PIL appears to have been filed by the petitioner in the matter of alleged illegal constructions, in relation to which, number of civil suits have been filed, which is clear from the memo dated 17.09.2021 of the Bikaner Municipal Corporation.
It appears that the Local Body has initiated action against number of persons on the alleged illegal constructions and number of civil suits have been filed and various orders have been passed by the civil courts as well as the appellate courts in those cases.
(2 of 2)
[CW-3150/2022]
As the issue, which is now sought to be raised by the petitioner in this PIL, with regard to legality of the alleged constructions, is already sub-judice before the civil courts, in the garb of PIL, no direction can be issued.
Therefore, at this stage, this petition is dismissed, however, with liberty to revive it in case eventuality so arises.
(FARJAND ALI),J (MANINDRA MOHAN SHRIVASTAVA),ACJ
23-a.asopa/-
1 issue framed by the court
Whether directions can be issued in a PIL when the issue of illegality of constructions is already sub-judice before civil courts.
Narendra Singh Rajawat
State Of Rajasthan
Manindra Mohan Shrivastava
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
