AMITAVA ROY, J. - (1.) HEARD Mr.Tatia, learned counsel for the applicant -writ petitioner.
(2.) THE applicant -writ petitioner introducing itself to be a public charitable trust committed to the cause of protection of cultural and social rights of the people at large, had instituted D.B.Civil Writ Petition (PIL) No.14273/2013 seeking appropriate writ, order or direction to the respondents to remove the Thelas from the Clock Tower area of Jodhpur City and to monitor the area periodically so that the Thelas do not spoil the heritage Clock Tower. The averments made in the said writ petition clearly reveal that earlier, D.B.Civil Writ Petition No.6073/1993 was filed and following its disposal on the issues involved therein, D.B.Civil Contempt Petition No.184/2003 was registered alleging non - compliance of the order dated 15.4.2002 passed in the writ proceedings. By the order dated 10.11.2004, the contempt petition was disposed of with the following direction concerning the area now involved: - "(ix) The Nagar Nigam shall develop a Hawkers market around the Old Stadium within a period of one month. It will be open for the Nigam to make provision for payment of appropriate fees which shall be utilized solely for the purpose of developing the Hawkers market. After expiry of one month from the date of the order, the entire Nai Sarak shall be declared as "No Thela Zone" effective from 10th December, 2004. The "Nai Sarak No Thela Zone" shall also include the Ghantaghar Area." As the order dated 10.11.2004 would disclose, in issuing this direction, the suggestions made by the Committee headed by the Chairman, Urban Improvement Trust, Jodhpur on the orders of this Court were taken note of. That the suggestions had emanated from the elaborate discussion of the members of the Committee and the permanent invitees, was recorded as well.
(3.) BE that as it may, the present applicant -writ petitioner instituted the accompanying D.B.Civil Writ Petition (PIL) No.14273/2013 pleading inter -alia that the issue raised in D.B.Civil Writ Petition No.6073/1993 had been sparsely dealt with therein and that despite the clear directions as contained in the order of this Court dated 10.11.2004, no effective measures had been taken by the respondents to remove the hawkers from the Clock Tower area and that the same is still being frequented by the hawkers (Thelawalas) with their carts at their free will and choice causing nuisance, annoyance and inconvenience to the public at large and further under -mining the dignity and majesty of an otherwise glorious heritage spot of the city of Jodhpur. The writ petition, however, disclosed that the respondents did affix a notice in the form of a metal board at the bottom of the Clock Tower Area with the following inscription: - "By the direction of the Hon'ble High Court of Rajasthan, in D.B.Civil Contempt Petition No.184/2003, by its order dated 10.11.20904, the following areas have been declared as No Thela Zone - (i) Whole Ghantaghar Market Area (ii) Whole Nai Sarak Area." and further, about a couple of years back, they had erected a curved stone around the Clock Tower area and the hawkers were permitted in the said periphery of the Clock Tower area. This the applicant -petitioner has asserted is repugnant to the order dated 10.11.2004 of this Court directing that the entire Clock Tower area ought to be declared as "No Thela Zone". Pleading in essence that the respondents have not acted in terms of the letter and spirit of the order dated 10.11.2004, the applicant -petitioner sought to initiate a fresh proceeding in the form of a public interest litigation.;