PREM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals under Section 18 of the Rajasthan High Court Ordinance, 1949 arises out of the common judgment dated May 9, 1985 of the learned single Judge, by which the petitioner appellant's two writ petitions : No. 2057/82 and 463/85, were dismissed.

(2.) S .B. Civil Writ Petition No. 2057/82 Prem Prakash v. State of Rajasthan and Ors. was filed seeking to quash the order Ex. 2 dated October 12, 1981 of the Collector and District Magistrate Bikaner and Ex. 3 dated April 28, 1982 of the Collector and Distt. Magistrate Bikaner. It may be stated that Ex. 2 is the no objection certificate, issued by the Collector and District Magistrate, Bikaner under the Rajasthan Cinematographs Act and Ex. 3 is the permission letter for raising construction. This was conditioned that before the construction is commenced, respondent No. 4 Jugraj Sethia, who is partner of respondent No. 3, should obtain certificate under the Urban Land (Ceiling and Regulation) Act, 1976.

(3.) THE writ petitions were contested by respondents No. 3 and 4. The learned single Judge dismissed S.B. Civil Writ Petition No. 2057 of 1982, observing that the petitioner appellant was, not pursuing the writ petition bonafide and that his conduct does not justify any interference by this Court as he slept over his right.