D.B.CIVIL WRIT PETITION N0. 3338/2006 Aam Kishan Janta of village Ladpura v. State of Rajasthan & ors. Date of order : 16.03.2007 HON'BLE THE CHIEF JUSTICE SHRI S.N.JHA HON'BLE SHRI JUSTICE GOVIND MATHUR Shri G.R.Punia for the petitioner Shri S.S.Ladrecha, Addl. Govt. Advocate Shri I.R.Choudhary for respondent no.6 This writ petition has been filed by one Gheesa Ram purportedly on behalf of the farmers at large of village Ladpura within Degana tehsil of Nagaur district for quashing the order dated 31.3.2006 by which contract was awarded to respondent no.6, Om Prakash, for collection of royalty and permit fees with respect to Bajari. The petitioner professedly is aggrieved of excavation of Bajari and has sought direction upon the respondents to “salvage and maintain river Luni” for maintaining ecological balance in the area. The respondents in their reply have enclosed copy of the resolution of the Gram Panchayat, Ladpura dated 27.4.2006 as Annexure R/1 from perusal of which it appears that members of the Panchayat had no objection to excavation of Bajari in the area in question. The resolution states that members of the Panchayat were of the view that on the land in question there are only grass sprouts but no trees and in that view of the matter the excavation of Bajari will not be detrimental to the ecology. When attention of the counsel was - 2 - drawn to the said resolution of the Gram Panchayat, counsel referred to Annexure 13. Annexure 13 is copy of a so-called certificate dated 2.5.2006 on a plain sheet supposedly containing signatures of four persons and thumb impressions of four others. The document states that the signatories had no objection to the stay of the excavation work. On combined consideration of the aforesaid resolution of the Gram Panchayat and the certificate we have no hesitation in placing reliance on the former. The 'certificate' was created afterwards on 2.5.2006 apparently to counter the resolution of the Gram Panchayat. From the reply of the respondents it appears that the Sub Divisional Officer, Degana had initially stayed the excavation work on 18.4.2006. However, on local inspection and in view of the resolution of the Gram Panchayat dated 27.4.2006, he by order dated 1.5.2006 permitted respondent no.6 to collect the royalty as per the contract. In view of the resolution of the Gram Panchayat dated 27.4.2006 read with the order of the Sub Divisional Officer dated 1.5.2006, the certificate brought into existence on 2.5.2006, loses its credibility. As a matter of fact, we are inclined to think that the petition has been filed for some personal reasons in the garb of public interest litigation to deprive respondent no.6 of the benefits under the contract. The petition thus does not appear to be bona fide and in fact - 3 - an abuse of process of this Court. We are of the view that plain dismissal of the writ petition will not be enough. We thus dismiss the writ petition with cost of Rs. 1000/- (One Thousand) on Gheesa Ram son of Hema Ram of village Ladpura, tehsil Degana, district Nagaur. mathur/ (GOVIND MATHUR) J. (S.N.JHA), C.J