- (1.) THIS petition has been filed with the following prayers:- (a) the respondents may be directed not to allow the construction of the multistory commercial building upon the premise bearing No.AMC 1934/1 (1270/19) (New 476/1), located at Lohagal Road, Ajmer in the residential colony namely New Colony, Lohagal Road, Ajmer and; (b) the respondents may be directed not to run and use the disputed premise bearing No.AMC 1934/1 (1270/19) (New 476/1), located at Lohagal road, Ajmer for any commercial use except establishing the petrol pump for which the said land has been got converted from residential to commercial particularly for the purpose of establishing petrol pump only and; (c) the impugned order dated 30-5-2011 (Annx.5) passed by the Commissioner, Nagar Nigam Ajmer granting permission to raise commercial multistory building and approving the map (Annx.6) to raise in relation to the disputed premise No.AMC 1934/1 (1270/19) (New 476/1) located at Lohagal Road, Ajmer may be held as arbitrary and contrary to the law and without jurisdiction accordingly be quashed and set aside.
(2.) ON service of notice of writ petition, the respondents No.5&6 have filed reply to the writ petition. It has been pointed out in the reply that two members of the petitioner society one Suresh Narain Mathur and another Pradeep Mathur had filed a suit No.134/2011 before the Civil Judge (Junior Division) North Ajmer alongwith an application for temporary injunction under Order 39 Rule 1 and 2 CPC praying therein that the defendants, respondents No.5&6 herein, be restrained from raising construction over their plot contrary to the construction plans approved by the Municipal Corporation Ajmer, and more particularly, that the defendants (respondents No.5 and 6 herein) be restrained from raising any construction on the eastern and western set backs of the plot contrary to law. It has been submitted that vide order dated 30-9-2011 the court of Civil Judge Ajmer had recorded the undertaking of the defendants in the suit (respondents No.5&6 herein) that they would make construction over the plot strictly in accordance with the approved construction plans. It has been submitted in the reply that after having failed to get any interim order in the suit filed by Suresh Narain Mathur and Pradeep Mathur, the petitioner society has initiated this vexatious proceeding this time in its name. It is submitted that both Suresh Narain Mathur and Pradeep Mathur are admittedly members of the petitioner Society who having failed before the trial court seeks to wrongly pursue the respondents No.5 and 6 in the present writ petition. Mr. Sudesh Bansal, learned counsel for the petitioner society would submit that cause of action in the civil suit before the Civil Judge (Junior Division) North Ajmer and in the writ petition before this court are totally distinct and different, inasmuch as while Suresh Narain Mathur and Pradeep Mathur had sought only restraint on the owners of the plot in issue from raising construction contrary to approved plan, in the present writ petition a challenge has been made to the very approval of construction plan by the Municipal Corporation Ajmer. It is submitted that in these facts, there can be no allegation of suppression of facts at the instance of the petitioner society. The writ petition has been filed seeking to agitate an independent cause of action and it should be addressed on its merits. Heard learned counsel for the parties and perused the material available on record of the writ petition. It is not in dispute that Suresh Narain Mathur and Pradeep Mathur are both members of the petitioner society. The writ petition filed by the petitioner society ought to have set out the factum of the proceedings taken by its members Suresh Narain Mathur and Pradeep Mathur before the court of Civil Judge (Junior Division) North Ajmer and the orders passed on the application under Order 39 Rule 1 and 2 CPC. Independent personality even though the society may have in law, yet it represents its members and the society cannot seek to segregate itself in the instant case from the civil proceedings initiated by its members before the Civil Judge (Junior Division) North Ajmer against the respondents No.5&6 in writ petition. As far as the argument of the cause of action in the suit before the Civil Judge Ajmer being different from the cause of action in the writ petition before this court, I am of the view that the respondents cannot be subjected to varied proceedings before different courts, as such varied proceedings tantamount to harassment of respondents No.5&6 herein. If at all the petitioner society has any cause of action, it may avail the remedy of laying a suit before the Civil Judge if it is aggrieved of any illegality by the Municipal Corporation Ajmer. Close connection between the petitioner Society and its two members Suresh Narain Mathur and Pradeep Mathur render the present proceedings if not vitiated by the doctrine disallowing parallel proceedings for the same cause of action, palpably vexatious with the intent to harass the respondents No.5 and 6. In the circumstances of the case this court would loath to exercise its equitable and extraordinary jurisdiction in the present writ petition.
(3.) I therefore find no force in the writ petition, and the same is dismissed. Stay application also stands dismissed.;