Document Fragment View
Fragment Information
Showing contexts for: cd transcript in Devendra Prakash Mishra vs The State Of Madhya Pradesh Judgement ... on 28 November, 2013Matching Fragments
4. The respondents, however, have contested this petition not only on merits, but also by pointing out that the petition filed by these petitioners is motivated petition to espouse personal interest out of vengeance. Inasmuch as, the father of the petitioner no.1 had filed a suit before the Civil Court asserting easementary rights in the subject land owned and possessed by respondents no.6 and 7, which eventually came to be dismissed as withdrawn on the finding that the plaintiff had no right, title or interest therein. The father of the petitioner no.1 sought liberty from the civil court to resort to the writ petition before this Court but, instead, has put up the petitioner no.1, his son, to pursue the same cause of action in the name of Public Interest Litigation. The petitioner no.2 has been made namesake petitioner. The respondents have also placed on record that the petitioners attempted to extract money from respondents no.6 and 7 to the extent of Rs.10 lacs for withdrawing the present Public Interest Litigation, which fact is recorded in the audio tape recording and placed on record in the form of CD and transcript thereof. The respondents further contended that the petitioners without challenging any of the statutory orders have sought vague and wide reliefs in this Public Interest Litigation, which cannot be countenanced. In addition, it is submitted that the petition has been filed almost after two years from the date of commencement of construction activity on the site. In that, the respondents no.6 and 7 after obtaining all statutory compliances and permissions from the concerned Authorities commenced construction on the disputed plot sometime in December, 2004, whereas the present petition has been filed in January, 2006, only after the suit filed by the father of the petitioner no. 1 was withdrawn on 21.11.2005. On merits the respondents have placed reliance on the statutory orders passed from time to time by the concerned Authorities permitting the said respondents to commence the construction work on the subject plot. We shall make reference to those documents at appropriate places while dealing with the submissions of the petitioners.