- (1.) Learned counsel appearing on behalf of the petitioner after arguing the matter at length desired to withdraw the writ petition and while doing so he is also ready to bear a cost in a tune of Rs.1.0 Lac. While giving permission to withdraw the writ petition with a cost of Rs.1.0 Lac, we would like to state certain necessary facts, which clearly indicates abuse of the process of public interest litigation jurisdiction by a Society registered under the Societies Registration Act.
(2.) The petitioner-Society has preferred the instant petition for writ to have the following reliefs :- "A. That the land/place reserved for Public Park in the year 1976 should be used for the said purpose only without any deviation or change as being done by the respondents. B. The change of use of land as resolved by the respondents by their general house on 04.06.2016 may kindly be declared illegal, unconstitutional and contrary to law. C. The respondents be further directed to remove the construction, if made any, and the space be developed in the best possible manner by releasing and earmarking certain specific fund for the aforesaid purpose to provide best amenities to the local residents of the surrounding area and further the respondents may be restrained from installation of GBM Tower in the Park area. D. Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly b e passed in favour of the petitioner. E. Writ petition filed by the petitioner may kindly be allowed with costs."
(3.) As per the petitioner, the land where the respondent Municipal Council desires to construct a "Sabjimandi" is essentially earmarked for a public park. It is also stated that much back in the year 1976 a decision was taken by General House of the Municipal Council, Rajsamand to keep the land in-question vacant to develop a public park. Subsequent thereto, in the year 2001 a decision was taken for using the land in-question for commercial purposes and that was questioned by way of filing an application before the Collector, Rajsamand as per provisions of Section 285 of the Municipalities Act, 1959 (hereinafter referred to as 'the Act of 1959'). Suffice to mention that at that time certain kiosks were constructed by Municipal Council, Rajsamand and those were objected by initiating proceedings under Section 285 of the Act of 1959. The Collector, Rajsamand set aside the decision of the Municipal Council, Rajsamand to construct kiosks. It is also pertinent to notice that under Section 285 of the Act of 1959 Collector had only interim power to stop execution of resolution taken by a Municipal Board and further to refer it to the State Government but no such procedure appears to have been adhered.;