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Rajasthan High Court dismisses PIL alleging irregularities in construction of Primary Health Care

The Rajasthan High Court imposed a cost of Rs.25,000/- on the Petitioner and dismissed a Public Interest Litigation (PIL) filed challenging the action of the respondents in constructing of Primary Health Center on the allegation that the construction is being done without permission and sanction.

In the reply filed by the respondents, it is revealed that petitioner had earlier filed a suit seeking injunction against the construction of primary health center at Pilu, Tehsil & District Pratapgarh.

Along with the suit, application for grant of temporary injunction had also been filed and that was rejected vide order dated 02.08.2023. The petitioner thereafter filed the petition without disclosing the said fact.

The petitioner has, thus, personal interest in the case as he has suppressed the fact, while filing the petition, that earlier a suit and application was filed by him and temporary injunction application was rejected by the concerned court. The PIL is frivolous and abuse of process of law, the Division Bench of Acting Chief Justice Manindra Mohan Shrivastava and Justice Rajendra Prakash Soni observed.

“The PIL is dismissed with cost of Rs.25,000/- to be payable with the State Legal Service Authority within a period of one month”, the order reads.

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