// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3981/2005 Syed Iqbal Ahmed S/o Syed Farzand Ali and Others Versus The State of Rajasthan and Others Date of Order ::: 23.05.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Rajesh Kapoor, Counsel for petitioners Shri Arvind Gupta and Shri M.C. Gupta, Addl. Govt. Counsel for respondents #### By the Court:- Heard learned counsel for the parties. Petitioners have challenged the order of allotment of land by the respondent No.4 – Municipal Council Ajmer, to the Police Department for construction of Police Station at a disputed place. Earlier a Writ Petition No.3022/2004 was filed for the same relief but that writ petition was disposed of by this Court on 14th May, 2004, directing the petitioners to file a representation before the Collector, Ajmer and the Collector, Ajmer, was directed to decide the same within a period of three months. A representation was filed by the petitioners to the Collector but, during the pendency of that representation, the present writ petition was preferred stating the urgency that the // 2 // respondents have already started construction of the police station. A notice to show cause was issued to the respondents and, in response thereto, the respondents No.1, 2, 3 and 5 have filed their joint reply to the writ petition. The respondent No.4 Municipal Council Ajmer has filed its separate reply to the writ petition, contending therein that there was a request by the Police Department for allotment of land for raising construction of police station at the disputed place. The request was granted and the land was allotted for that purpose. The action of the respondent No.4 Municipal Council Ajmer has also been approved by the State Government. A copy of the approval letter of the State Government has also been placed on the record, with the reply. The learned counsel for the petitioners admits that part construction of the police station has already been taken place at the disputed place whereas the learned counsel for the respondents contended that construction of police station is complete over the disputed place. I have considered the submissions of the learned counsel for both the parties and, after considering the same, I find that there was requirement of construction of police station in the disputed area and, on the request of the Police Department, the respondent No.4 Municipal Council Ajmer has allotted the land, which was in public interest. The construction of Police Station has already been taken place at the disputed // 3 // place. Even otherwise, I find that the petitioners have no locus- standi to challenge the impugned order allotting the land by the respondent No.4 Municipal Council Ajmer to the Police Department for raising construction of police station. I do not find any merit in the present writ petition and the same is accordingly dismissed with no order as to costs. (Narendra Kumar Jain) J. //Jaiman// // 4 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Stay Application No.3483/2005 In S.B. Civil Writ Petition No.3981/2005 Syed Iqbal Ahmed S/o Syed Farzand Ali and Others Versus The State of Rajasthan and Others Date of Order ::: 23.05.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Rajesh Kapoor, Counsel for petitioners Shri Arvind Gupta and Shri M.C. Gupta, Addl. Govt. Counsel for respondents #### By the Court:- Consequent upon dismissal of the writ petition itself, the stay application, filed therewith, does not survive and the same is also dismissed. (Narendra Kumar Jain) J. //Jaiman//