KANSING KALUSING THAKORE AND ORS. v. RABARI MAGANBHAI VASHRAMBHAI AND ORS

Citation: [2006] SUPP. 9 S.C.R. 196

Court: Supreme Court of India

Bench: AR. LAKSHMANAN, ALTAMAS KABIR

Case summary

KANSING KALUSING THAKORE AND ORS. v. RABARI MAGANBHAI VASHRAMBHAI AND ORS.pdf

Judgment text

KANSING KALUSING THAKORE AND ORS. l-: RABARI MAGANBHAI VASHRAMBHAI AND ORS. NOVEMBER 20, 2006 [DR. AR. LAKSHMANAN AND ALTAMAS KABIR, JJ. ] Public Interest Litigation-Founded on personal vendetta- Maintainability of-Held, not maintainable since not aimed at redressal of genuine public wrong or public injury- On facts, no case made out even on merits, since there was no violation of any legal right-Petitioners had suppressed material facts and acted with mala fide intentions-Constitution of India, 1950-Article 226. Administrative Law-Administrative action in pursuance of policy decision-Scope for judicial review-Discussed. The State Government acquired land belonging to Appellant! ' for establishing an Agricultural University. In lieu thereof, Appellants were allotted lands in furtherance ofa Government policy decision for rehabilitation. Respondents challenged the allotment by filing writ petition in purported public interest. Appellants were not made parties in the writ petition.

Appellants filed application before the High Court challenging maintainability of the petition on ground that there had been no violation of legal rights. They further contended that Respondents were headstrong persons having political clout who made false statements and suppressed material facts and further acted with malafide intentions by not making necessary and appropriate parties. The High Court held that the appellants had an existing right in terms of the Government policy and lience entitled to equitable relief but imposed stringent conditions upon the Appellants with respect to the land in dispute.

The questions which arose for consideration before this Court are: (I) Whether the appellants are not entitled to any relief in the Writ petitions allegedly filed in public interest since they had personal interest involved and were actually encroachers who had been removed from the land in dispute and (2) Whether the conditions imposed by the High Court are not sustainable KANSING KALUSING THAKORE 1·. RABARI MAGANBHAI VASHRAMBHAI 197 as it amounted to judicial interference in purely administrative acts in A furtherance ofa policy decision of the Government. Allowing the appeal, the Court HELD: 1. 1. The writ petition filed by the respondents is an abuse of the process of the Court. By this PIL, the respondents sought to ventilate/redress their personal grievances inasmuch as they were able to bold clout in the village and were enjoying illegal possession in several lands. The appellants were deliberately not made parties to the writ petition allegedly fi1ed in pubHc interest.

It is a matter of recor in the writ petition either under the Constitution or under any other law and hence the PIL filed by the respondents herein is not at all maintainable and is liable to be dismissed. Now that the civil appeals KANSING KALUSINGlHAKORE '" RABARI MAGANBHAI VASHRAMBHAI [LAKSHMANAN, J. )207 are allowed, we direct the respondent-authorities to grant possession of the land immediately to the appellants without insisting for any undertaking from the appellants as directed by the High Court in its impugned judgment. Since the patience of the appellants have been tested for so long by the State Government and other authorities and also the public interest litigant, it is not· proper for the Government and other appropriate authorities to ask the appellants to wait for any longer. We direct the government and the other appropriate authorities to immediately handover possession of the land allotted to them by way of rehabilitation.

Accordingly, we dismiss the writ petitions filed by the respondents and allow the above civil appeal and set aside the order impugned in these civil appeals passed by the High Court of Gujarat. However, we order no costs. .. ,. B. B. B. Appeal allowed. ·. . ,,..