Thursday, November 30, 2023

Rajasthan High Court dismisses petition seeking issuance of prohibitory orders in favour of private respondent

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The Rajasthan High Court imposed a Cost of Rs.50,000/- on the Petitioner and dismissed a Public Interest Litigation (PIL) filed seeking issuance of prohibitory orders not to grant patta in favour of private respondent.

Having gone through the petition, the Division Bench of Acting Chief Justice Manindra Mohan Shrivastava and Justice Kuldeep Mathur Found that there is a chequred history and several suits have also been filed in the matter of alleged encroachment.

The Bench noted that the private respondent has moved an application for grant of patta. There is nothing on record to show that any decision has been taken one way or the other to grant or not to grant the patta.

PILs are being filed without proper search and with oblique motive even though no order has been passed by the Municipal Corporation granting patta in favour of private respondent. The petitioners, in the garb of Public Interest Litigation, has filed this petition. This PIL is completely frivolous and misuse and abuse of the process of law , the Bench observed.

“Thus, the instant PIL is dismissed with a cost to the tune of Rs.50,000/- to be paid by the petitioner within a period of one month failing which, appropriate proceedings shall be drawn by the Registry against the petitioner for recovery”, the order reads.

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