S.B. CIVIL WRIT PETITION NO.1879/2006 (Shanti Lal Mandot & Ors. Vs. State of Rajasthan & Ors.) Date of Order :: 25th March 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.Tribhuwan Gupta,for the petitioners. .... BY THE COURT In this writ petition, the petitioners have stated the grievance that an open piece of land near their residential houses at Ward No.9,Village Raipur is being permitted to be used as an open latrine; is not properly maintained; has become a dumping ground of solid waste; and is the source of all sorts of nuisance to the residents of the locality. The petitioners have submitted that they did make representations and served notices; that earlier, some proceedings were registered under Section 133 Cr.P.C. but the respondent authorities made a wrong report on 23.07.2002 that the problem had been solved and the proceedings initiated for corrective measures were also dropped. While submitting that a number of representations made to the respondents to improve the living conditions and to abate such nuisance have gone unattended, the petitioners have prayed for directions to the respondents to maintain and keep the land in question 1 clean and in hygienic conditions, to provide covered and hygienic public latrines for the residents of the locality, to provide proper drainage, and so also to assess the loss suffered by them. A show cause notice was issued in this matter and the respondents Nos. 1 to 3 have filed a reply, inter alia, stating that the referred piece of land belongs to private individuals and the petitioners have failed to join such private owners as parties to this writ petition. On the matter being taken up for consideration, learned counsel Mr. Tribhuwan Gupta appearing for the petitioners submits that the petitioners seek to join such individuals, allegedly having ownership rights over the land in question, as parties to this writ petition and for that purpose, prays for some time. Learned counsel refers to the averments as taken in the petition and the documents annexed thereto and submits that the respondents having failed to discharge their statutory duties and having failed to take corrective measures, appropriate directions deserve to be issued. Having examined the averments as taken in the petition and the documents annexed, this Court does not find any reason to continue with this writ petition any further. The submissions as made in the writ petition suggesting 2 of the nuisance being suffered by the petitioners are based on certain facts relating to the allegations of nuisance; and granting of any relief in this writ petition would necessarily require an enquiry into such facts. Such a factual enquiry cannot adequately be taken up in the writ jurisdiction of this Court. Looking to the nature of allegations and the injury complained of, the petitioners are definitely free to take recourse to the appropriate remedies in accordance with law. In the aforesaid view of the matter, no purpose would be served by permitting the petitioners to join the owners of the land in question as parties to this writ petition and thereby enlarging the scope of this writ petition into further factual enquiry and that too between the petitioners and such land owners. Exercise of writ jurisdiction in this matter is refused and this writ petition, accordingly, stands rejected. (DINESH MAHESHWARI), J. s.soni 3