Rajasthan High Court Weekly Roundup: March 7 To March 13, 2022

NOMINAL INDEX Gajendra Purbia & Anr. v. Union of India 2022 LiveLaw (Raj) 88 Sawai Singh Sodha & Anr. v. State of Rajasthan 2022 LiveLaw (Raj) 89 Dharmender Kumar Sharma v. Union of India & Ors 2022 LiveLaw (Raj) 90 Shri Labana Gawaria Sikh Samaj Sewa Samiti v. State Of Rajasthan 2022 LiveLaw (Raj) 91 G.k. Construction Company, Through Its Owner Govind Katariya v. Balaji Makan Samagri Stores, Through Its Proprietor Mallaram Patel 2022 LiveLaw (Raj) 92 Bot Lal v. State of Rajasthan 2022 LiveLaw (Raj) 93 Loonkaran v. State of Rajasthan 2022 LiveLaw (Raj) 94 Nisha v. State of Rajasthan 2022 LiveLaw (Raj) 95 Chandrakant Jain v. Veermati Jain 2022 LiveLaw (Raj) 96 Ajit Singh v. State of Rajasthan 2022 LiveLaw (Raj) 97 Judgments/ Orders of the Week 1. Proper Facts & Evidence Must Be Placed Before Court To Invoke PIL Jurisdiction: Rajasthan High Court Case Title: Gajendra Purbia & Anr. v. Union of India Citation: 2022 LiveLaw (Raj) 88 The Rajasthan High Court has observed that a citizen approaching the court in a public interest jurisdiction holds greater duty to make full research and present necessary facts before the court to cause further investigation. In the present matter, serious allegations were made by the petitioners with respect to mis-management of the respondent No. 2, Arth Credit Cooperative Society. A division bench of Chief Justice Akil Kureshi and Justice Rekha Borana, while disposing of the petition, observed, "A citizen approaching the Court in a public interest jurisdiction holds a greater duty to make full research and present necessary facts before the Court to cause further investigation." 2. If There Are No Specific Allegations In Petition, Can't Allow It To Be Supplied Through Rejoinders: Rajasthan High Court Case Title: Sawai Singh Sodha & Anr. v. State of Rajasthan Citation: 2022 LiveLaw (Raj) 89 The Rajasthan High Court on Monday refused to entertain a public interest litigation alleging corruption in MGNREGA. The court observed that there is no prima facie material in the petition to sustain the allegations levelled by the petitioners. A division bench of Acting Chief Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas, observed, "After going through the petition, we find that though there are allegations made in the petition, there is no prima facie material along with the petition to sustain the allegations of the petitioners." 3. YouTube Is A Private Entity, Not Amenable To Writ Jurisdiction: Rajasthan High Court Case Title: Dharmender Kumar Sharma v. Union of India & Ors. Citation: 2022 LiveLaw (Raj) 90 The Rajasthan High Court on Monday dismissed as non-maintainable, a writ petition seeking various reliefs qua online video sharing platform, YouTube. Justice Mahendar Kumar Goyal refused to accept the submission of the petitioner that Youtube discharges the functions of a 'State', considering the public nature of the functions it performs. "There is not a whisper of averment in the entire writ petition as to true nature of functions being discharged by the respondent No.2 (YouTube) or the same being of public importance. In absence of any factual foundation to substantiate the submission that the respondent No.1 has deep and pervasive control over the affairs of the respondent No.2 or it discharges the public functions which are akin to the Government functions, this Court is not persuaded to accept the submission made by learned counsel for the petitioner." 4. Rajasthan HC Directs Reliance Jio To Shift 4G Tower Creating Inconvenience To Devotees Visiting Gurudwara Within 2 Months Case Title: Shri Labana Gawaria Sikh Samaj Sewa Samiti v. State Of Rajasthan Citation: 2022 LiveLaw (Raj) 91 The Rajasthan High Court has directed Reliance Jio to shift its 4G mobile tower from the existing place to 15-20 feets away from the gate of a Gurudwara within a period of two months. The plea was filed by Shri Labana Gawaria Sikh Samaj Sewa Samiti, Jodhpur through Its Secretary - Kripal Singh Sodhi. Justice Vinit Kumar Mathur, ordered, "In such circumstances, the writ petition is disposed of with a direction to the respondent No. 5 to shift the tower from the existing place to 15-20 feets away from the gate of Gurudwara within a period of two months. It is made clear that except the erection of the tower, no other attachment including generator can be placed near the tower." 5. S.148 NI Act | Requirement To Deposit Minimum 20% Of Fine In Appeal Against Conviction U/S 138 Is Mandatory: Rajasthan HC Case Title: G.k. Construction Company, Through Its Owner Govind Katariya v. Balaji Makan Samagri Stores, Through Its Proprietor Mallaram Patel Citation: 2022 LiveLaw (Ra) 92 The Rajasthan High Court observed that if modal auxiliary verbs or imperative words such ...

Rajasthan High Court Weekly Roundup: March 7 To March 13, 2022

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