Rajasthan High Court - Jaipur
Suresh Kumar & Anr vs State Of Raj & Ors on 8 September, 2010
Bench: Jagdish Bhalla, Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. J U D G M E N T D.B. CIVIL REVIEW PETITION NO.43/2007. IN D.B. CIVIL WRIT PETITION NO.5045/2004. Suresh Kumar & Anr. Vs. The State of Rajasthan & Ors. Date of order : 8/9/2010. HON'BLE MR.JAGDISH BHALLA THE CHIEF JUSTICE HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None for the review-petitioners. ****** BY THE COURT:-
This review petition seeks to review the judgment of this Court dated 6/5/2005. The aforesaid order in fact disposed of the writ petition.
Contention of the petitioner is that the counsel, who was engaged to argue the matter unfortunately expired in the month of August 2004 therefore, no one could appear to argue the writ petition which was decided in absence of the petitioner's counsel. Learned Single Judge dismissed the writ petition filed by way of public interest as there was no element of public interest involved therein.
After having gone through the order of the learned Single Judge, we find that petitioner submitted writ petition for quashing the decision of the resolution of the Municipal Board, Chirawa which decided to remove the barricades from a certain place which had traffic congestion. A direction has been sought to restore the earlier order of the District Collector dated 24/2/2004 whereby, such barricades were put up.
We find that resolution of the Board was passed as far as back on 10/7/2004 and more than six years have gone by since then. These issues lie within the administrative domain of those authorities. It is always open to the petitioner to again approach the Municipal Board or District Administration, which would take into consideration the prevailing circumstances and the pressure of the traffic at the given place. If petitioner still feel dissatisfied with the decision of the Board/District Administration, he can approach the Director Local Bodies for further orders. We do not find any justification to review the order.
Review petition is dismissed however with the aforesaid observations.
(MOHAMMAD RAFIQ), J. (JAGDISH BHALLA), CJ. anil/-