- (1.) THIS writ petition, under Article 226 of the Constitution of India, has been filed by Ratanlal Soni, who claims himself to be a Journalist and Editor of 'jung KE KHILAF JUNG', a Hindi weekly published from Jaipur. In paragraph 2 of the writ petition, he narrated the purpose of filing the writ petition and the same is : "the present writ petition is being submitted as a public interest litigation to show as to how public authorities are making gross and wholesale violation of law. "
(2.) IN paragraph 10 (a) of the writ petition, the petitioner alleged that the Hindi daily Rajasthan Patrika in its issue dated 21. 8. 1989 published a news item that the Jaipur Development Authority (hereinafter to be referred to as 'the J. D. A. ') approved schemes of three Housing Cooperative Societies ignoring all the relevant rules and regulations in that behalf. Relying on the Rajasthan Patrika of the aforesaid date, the petitioner claimed that the approved plan of these Housing Cooperatives involved lands of crores of rupees and these plans were earlier disapproved, but now in order to give advantage to these Societies, the plans have been approved. He alleged that the ulterior motive disclosed by the Rajasthan Patrika was an eye opener. These three Societies were (i) Subhash Sindhi Grah Nirman Samiti (hereinafter to be referred to as 'the Sindhi Samiti'), (ii) Ramjipura Grah Nirman Sahkari Samiti (hereinafter to be referred to as 'the Ramjipura Samiti') and (iii) Meena Colony Grah Nirman Sahkari Samiti (hereinafter to be referred to as 'the Meena Colony' ). In Clause (b) of paragraph 10 of the writ petition, the petitioner alleged: "that the news item makes reference of Ramjipura Grah Nirman Sahkari Samiti but same has been controverted by the office bearers of the society and because of the controversy, the petitioner is not dealing with this item. " The petitioner thus left out the aforesaid society. Suggesting the motive for leaving out the Ramjipura Samiti, the learned counsel appearing for the respondents Nos. 3 and 4 urged that the same had been done with ulterior motive and for personal gain, inasmuch as, if the scheme of Ramjipura Samiti suffered from the same illegalities and deficiencies as the schemes of two other Societies, the petitioner was really seeking relief for public and he would have included Ramjipura Samiti also. The suggestion of the respondent counsel with regard to motive does not appear to be wholly unreliable. That casts a doubt on the bonafides of the petitioner.
(3.) THE allegations made against the Diamond Hill Scheme of Meena Colony are based on the newspaper report printed in the Rajasthan Patrika, copies of which have been filed along with the writ petition as Annexures 3 and 4, whereas the allegations made against the Sindhi Samiti are based on the news item published in 'rashtradoot', which is another Hindi daily newspapers published and printed from Jaipur. The petitioner stated in paragraph 12 of the writ petition that he found that "the general belief of the people is that very high officials of the State including Shri M. D. Korani, Jaipur Development Commissioner and Shri V. B. L. Mathur, Chief Secretary of the State are the 'benami' beneficiaries of the allotment of plots in the scheme. " Relaying on the aforesaid allegations, the petitioner's counsel submitted with vehemence that the scheme of the Meena Colony had been passed due to the influence of the aforesaid two persons. ;