Rajasthan High Court - Jodhpur
Jahur Ahmed vs State Of Raj. & Ors on 1 April, 2009
Bench: Deepak Verma, N.P.Gupta
1 D.B.Civil Writ Petition No.1858/2009 Jahur Ahmed V/s The State of Raj. & ors. 1.4.2009 Hon'ble the Chief Justice Mr.Deepak Verma Hon'ble Mr.Justice N.P.Gupta Mr.B.R.Bera for the petitioner.
This PIL pertains to mining operation being carried on by different allottees in khasra no.1148 of village Badi Khatu, which, according to the petitioner, is reserved for gochar.
On the last date of hearing, after having heard learned counsel for the petitioner, we had directed him to join the allottees as respondents, but till date, neither any application has been filed in this regard nor steps have been taken to join the allottees.
Learned counsel for the petitioner contended that he has already moved an appropriate application before the Mining Officer to supply him the list of all those allottees of khasra no.1148, but so far no details have been furnished and thus, he is unable to join them as respondents in this matter at present.
It was also brought to our notice that with regard to same khasra no.1148, writ petition no.457/09 is also pending.
In the light of the aforesaid, we are of the opinion that presently, the writ petition is not properly constituted before us, inasmuch as, the allottees of different plots of khasra no.1148 have not been joined as respondents. Thus, the petition deserves to be dismissed on this ground alone.
2However, petitioner would be at liberty to file a fresh petition after joining the allottees in the said petition.
With the aforesaid observations, this petition stands finally disposed of, but with no order as to costs.
(N.P.Gupta)J. (Deepak Verma)CJ Parmar