The Rajasthan High Court recently comprising of a bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani refused to hear a public interest litigation against alleged illegal religious conversions and erection of unauthorized religious structures in the Ganganagr city, stating that it cannot decide disputed questions of facts in writ jurisdiction. (Pratap Singh Shekhawat v. State of Rajasthan & Ors.)
The Bench however granted liberty to the Petitioners to raise their grievance before the competent authorities.
Facts of the case
The instant writ petition in the nature of Public Interest Litigation has been preferred by the petitioner raising a grievance that the private respondents Nos.4, 5, 6 and 7 are indulging in illegal religious conversion of citizens of Ganganagar area and that illegal construction of religious place is being raised on agricultural land in violation of the Rajasthan Religious Building and Places Act 1954.
Contention of the Parties
For strengthen this assertion, the petitioner placed on record certain photographs in an attempt to establish that these lands are recorded as irrigated agricultural lands in the Jamabandi, but construction of religious place is being raised thereupon.
Courts Observation and Judgment
The court however noted that the photographs give no indication whatsoever that the building for religious purposes is being raised thereupon. We are of the firm view that the writ petition has been filed with very vague assertions and involves seriously disputed questions of facts.
The court observed, "Hence, the petitioner is given liberty to submit a representation to the competent authority along with a copy of this order for ventilating his grievances."
The bench disposing the writ petition remarked that it is expected that such representation shall be considered objectively and decided as per law by a reasoned order within a period of three months from the date of submission thereof.
The writ petition was disposed of, accordingly.
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