1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 5534 of 2003 KISHAN SINGH CHARAN V/S STATE & ORS Mr. MR SINGHVI, for the appellant / petitioner Mr. NM LODHA,AAG, for the respondent Date of Order : 16.7.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- These three matters (C.W.No.2896/04, 5534/03 & 2963/04) are being listed together and various orders have been passed from time to time in different files, and by collective reading of all the order-sheets in all the three files show a picture as if the things are submitted to the Court in a wholly confused way, losing sight of, as to what is the grievance involved in each writ petition, and what is required to be done. Be that as it may. In view of the above, the three matters need not remain connected with each other, and they are ordered to be detached. Coming to this writ petition, the only grievance of the petitioner is that the gates of the Ummed Udhyan have been closed and are not being opened under the garb that there are orders of this Court to close the gates. Learned counsel invited our attention to the order of this Court dated 17.2.1995, and pointed out that this Court 2 never ordered the gates to be closed, rather it was represented to this Court that Superintendent has passed this order closing the gates, while no such orders had been passed, and this Court declined to grant any relief to the petitioner, and that order cannot be construed to mean that this Court ordered to close the gates. The another argument is made on the anvil of sub-rule (10) of Rule 9 of the Rajasthan Public Parks Rules, which does not prohibit driving or riding any vehicle or cycle across the park other than roads. The next submission made is that the effect of the closure of the gates is that the public park has been reduced to a space for anti-social elements, and unwanted activities, including playing cards, playing of cricket, gulli-dunda, or undertaking narcotic activities, or gambling, and so on and so forth. We have considered the submissions. In our view, without going into the question, as to whether there is any order by the Superintendent or not, considering the totality of circumstances, including the fact, that the Ummed Udhyan also houses a zoo, wherein various wildlife animals, including those of rare species are housed, and to permit the regular traffic in that public park would not be conducive to the interest of the said wildlife animals, apart from the fact that it will also be hazardous to the persons coming to the public park as members of the public, therefore, we are not inclined to direct the gates to be opened, irrespective of the fact, as 3 to whether there is any order of Superintendent or not to close the gates, or it being permissible in view of Rule 9 (10). So far as the other grievance is concerned, necessary orders have already been passed by the administration from time to time, and we further direct the respondents to take effective steps to prevent the illegal activities in the garden, like playing cards, playing of cricket, gulli-danda, or undertaking narcotic activities, or gambling etc., if they are being carried on. It is further clarified, that it will be open to the petitioner to invite the attention of the respondent's concerned authorities, if the petitioner happens to be come across any such incident, and the respondent authorities will take immediate steps to abate the said activities. With this, the petition is disposed of. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /tarun/