SUNIL SAFETY GLASS INDUSTRIES Vs. RIICO AND ANR.
LAWS(RAJ)-2001-10-101
HIGH COURT OF RAJASTHAN
Decided on October 12,2001

Sunil Safety Glass Industries Appellant
VERSUS
Riico And Anr. Respondents

JUDGEMENT

Rajesh Balia, J. - (1.) HEARD learned Counsel for the petitioner.
(2.) AGGRIEVED with the order dated 20.7.2001 passed by the learned single Judge passed in S.B. Civil Writ Petition No. 2182 of 2001, the petitioner -appellant has filed this special appeal. The petitioner -appellant filed the above writ petition before this Court asserting that he is in possession of the land in question without any allotment and he was seeking mandamus against respondent No. 1 to this effect that his unauthorised possession be regularised. During the pendency of the writ petition, the petitioner -appellant moved an application that since his possession over the land in question has been regularised by respondent No. 1, be does not want to prosecute the writ petition and therefore, he may be allowed to withdraw the writ petition.
(3.) THE learned Single Judge, noticing the fact that regularisation of the land in question made in favour of the petitioner -appellant has been made in terms of the policy decision taken by respondent No. 1, which requires consideration by this Court as a public interest litigation because it results in regularisation of unauthorised encroachments on the Govt. land and undue advantage to the trespassers . Therefore, the regularisation policy which has been adopted by respondent No. 1 needs to be examined as a public interest litigation. The matter has been ordered to be placed before the Division Bench. Considering it to be a public cause, directions were issued to respondents No. 1 and 2 to place all relevant material, which led to the framing of the policy and the beneficiaries of that policy. It was also directed to issue notice to the Rajasthan High Court Bar Association and Senior Advocates so that they may render their assistance to this Court.;


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