- (1.) THIS writ petition has been filed with the following prayers : (i) By issuing an appropriate writ, order or direction in the nature thereof thereby to direct the Director General of Police Rajasthan Jaipur to get the case registered on the report filed by the petitioner immediately. Since the District Police, Sikar is involved in this case, therefore the investigation of the case is prayed to be ordered to be got conducted by the CID CB Rajasthan, Jaipur. (ii) By issuing an appropriate writ, order or direction in the nature thereof thereby to initiate action against the respondent Nos.3 and 5 for violating the Hon'ble Supreme Court's direction for not registering a case on the report of the petitioner. (iii) By issuing an appropriate writ, order or direction in the nature thereof thereby to direct the District Magistrate and Collector, Sikar to initiate legal action against the offenders as alleged in Annexures-3 and 4. (iv) By issuing an appropriate writ, order or direction in the nature thereof thereby to initiate action against the erring officers for not taking any legal action on Annexures-3 & 4 against Hanuman Singh and others for putting obstruction in completing the plan of the drainage system which is causing harassment to the petition in particular and public in general. (v) By issuing an appropriate writ, order or direction in the nature thereof thereby to direct respondent Nos.1 & 2 to complete the drainage system as per plan of Panchayat without further loss of time. (vi) By issuing an appropriate writ, order or direction in the nature thereof thereby to compensate the petitioner for his mental agony and damages caused to the petitioner by the respondent Nos.3, 4 to 28 with ulterior motive. (vii) By issuing an appropriate writ, order or direction in the nature thereof thereby to restrain the respondents by putting dirty and filthy water in his khasra No.801 which is injurious to health.
(2.) COUNSEL for the petitioner does not press his first prayer as the requisite investigation has been made and challan has been filed against the persons accused of commission of offences. COUNSEL for the petitioner submits that however, respondent Nos.3, 4 & 5 by virtue of being government servant are not being prosecuted as sanction under Section 197 Cr.P.C. was not granted. Thus, it is prayed that a direction be issued to the Director General of Police to take disciplinary action against the respondent Nos.3, 4 & 5 and further that the State of Rajasthan and Sub-Divisional Magistrate, Neem-Ka-Thana be directed to ensure that the drainage system in Village Pithalpur be completed as per the plan of Panchayat without any further loss of time. Mr. Ajay Gupta, appearing for the private respondents submits that the petitioner has been illegally obstructing the flow of water in the monsoon due to which rain water collects in Mohalla Balaio Ka and leads to unhygienic condition in the area. It is submitted that the private respondents have filed a civil suit along with an application for temporary injunction in the court of Civil Judge (JD), Neem-ka-thana against the petitioner and on the temporary injunction application, the court appointed a Spot Commissioner and thereafter vide its order dated 23.09.2003 directed the parties to maintain status quo. It is submitted that likewise the respondent No.7, Gauri Shanker submitted a complaint against the petitioner Satya Narain and others in the court of Additional Chief Judicial Magistrate, Neem-ka-thana under Sections 323, 341, 504, 269 IPC and also under Section 3 of SC/ST Act. In the aforesaid case, statements under Sections 200 and 202 have already been recorded. It is submitted that the aforesaid facts show that there are running disputes in Village Pithalpur between the petitioner on the one hand and the various villagers on the other as arrayed in the writ petition as respondent Nos.6 to 28. It is submitted that in the facts of the case the writ petition is misdirected and an attempt to circumvent process of law already underway in courts of civil and criminal jurisdiction. I have heard the counsel for the petitioner as also the respondents and perused the writ petition as also reply thereto. It appears that the present case is not an appropriate case for exercise of writ jurisdiction of this Court under Article 226 of the Constitution of India which is exercised only in respect of crystallized legal and fundamental rights. The petitioner on the one hand and the private respondents on the other are engaged in civil and criminal disputes. It is not for the petitioner to seek this Court to circumvent the civil and criminal remedies available for the parties and underway by invoking its equitable extraordinary jurisdiction. The writ petition is thus deserving of dismissal. Stay application also dismissed.
(3.) IT is however expected that the respondent No.2, Sub-Divisional Commissioner, Neem-Ka-Thana will address the issue of construction of drainage in Village Pithalpur as per the approved plans and ensure that the drainage system as approved is put in place expeditiously such as to obviate any further disagreement between the villagers with regard to the flow of water during the Monsoon.;