Shiv Kumar Sharma, J. - (1.) At the time when all eyes are on 'judicial activism' and the learned Presiding Officers of the legislative bodies and the learned Members of Parliament are demanding that judiciary should stop expanding its area and should also not encroach upon the areas of the legislative bodies and the Executive, a Member of Legislative Assembly of Rajasthan is seeking interference of judiciary in the area of 'Executive.
(2.) Shri Hari Singh Mahuwa, a Member of Legislative Assembly from Mahuwa constituency in the State of Rajasthan, has filed this writ petition in the public interest. He has averred in the petition that his duty as a member of Legislative Assembly is not only to see that the development work is carried out in the State and particularly in his constituency but he being representative of the people is duty bound to see that exchequer of the State is not adversely affected by the action of the executive and the money which the State receives as loans or taxing its people is utilised in the best possible manner and not to benefit any particular person in connivance with the executive authorities. The petitioner is interested in bringing out the misdeeds of the executive authorities in lime light in favouring certain private contractors and squandering crores of rupees of the State exchequer.
(3.) The petitioner has sought following reliefs in the writ petition : (a) the Hon'ble Court may itself or through Central Bureau of Investigation hold an enquiry into the huge loss caused to the State Exchequer in the widening strengthening and reconstruction of Bhiwadi Alwar - Rajgarh Mandawar - Mahua - Hindaun-Karauli road work which has been undertaken by the respondent No. 4 (Cimmco International Ltd.) and it may further be directed that the said report be put up before the Hon'ble Court and action may be taken against the erring officials and authorities and the respondent No. 4. (b) It may be declared that the respondent No. 4 has sub-let the work. in violation of the agreement and as such it may be directed that the respondent No. 4 would make payment of Rs. 49 crores to the State Government. (c) The respondent No. 4 may be further directed to make a payment of Rs. 33 crores to the State Government (on account of damages and escalation) and to complete the said road within a period of 3 months without charging any money. The respondents No. 1 to 3 may be restrained from making payment any more to the respondent No. 4. (d) The erring officials and authorities may be punished for causing losses to the State Exchequer. The State Government may be directed to get the aforesaid road completed before the onset of the next Mansoon from its own resources or otherwise.";