TMI Blog1982 (11) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... n S.P Gupta's case, AIR 1982 SC 149, People's Union Democratic v. Union of India 1982 Lab IC 1646 : (AIR 1982 SC 1473) and Akhil Bhartiya Soshit's case AIR 1981 SC 298 and Prahlad Singh v. R.S.E.B, 1982 Rajasthan LR 989 wherein a new twinkling star has arisen on the horizon of the Indian judiciary in the name and style of public interest litigation . Taking inspiration and making it as the foundation. Shri Bajranglal Sharma, the learned counsel for the petitioner has claimed a writ of prohibition, certiorari or mandamus as the case may be for stopping the shifting of the circle office from Ajmer to Bhilwara. 4. Shri Shiv Charan Mathur, the Chief Minister of State of Rajasthan is undoubtedly from Bhilwara district and he has been elected from one of its constituencies in Rajasthan Legislative Assembly. 5. The grievance of Shri Sharma is that in order to unduly nourish his constituencies and become popular in Bhilwara district, Shri Mathur decided to change the circle office from Ajmer to Bhilwara. 6. The drinking water is said to be one of the most serious problems of city of Ajmer, centrally located in Rajasthan State, which according to Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 1982. The petitioners have applied for a copy thereof which has not been made available and will be submitted as and when made available. However, a photostat copy of another order No. P.G 8(619) 82-83/86397-597 dt. 14-10-1982 of the Chief Engineer, PHED Rajasthan, Jaipur is enclosed herewith as Ann. No. 1 which shows that the circle office Ajmer has been ordered to be shifted at Bhilwara. This decision of the Government has been decried by the people of Ajmer, their representatives, representatives of all political parties, various organizations of employees, professional bodies and other associations of people. The decision of the Government to transfer circle office from Ajmer to Bhilwara is politically motivated and has been taken under the influence of Chief Minister Shri Shiv Charan Mathur who hails from Bhilwara. The Government decision to shift this office is against Public interest and has been ordered under lie influence of the Chief Minister Shri Shiv Charan Mathur in order to benefit his own district at the cost of the interest of people of Ajmer District and even against the public interest 11. Shri Sharma's contention was that Bhilwara was u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mathur but no details or datas or facts have been given to show in what manner Shri Mathur influenced this decision. It is not the case of Shri Sharma that Shri Mathur is the concerned Minister of this department. It is also not the case of Shri Sharma that Shri Mathur got this decision from the Cabinet by his influence as Chief Minister. Nowhere in the writ petition, it has been mentioned that Shri Mathur directed any specific State functionaries nor it has been mentioned that he passed any order. Even in the reference on which the petitioner relies, Annexure 1, all that has been mentioned is that certain Engineers are being transferred. At S. No. 6 in the case of transfer of Shri B.M Bhootra, who has been transferred to Bhilwara, it has been mentioned that Headquarters or Head Office established from Ajmer to Bhilwara. It appears that there is some order dated 14th Oct., 1982 which is sought to be quashed, but it is not known who has passed that order nor it is known whether it is an order for the change or transfer of Headquarters or circle office from Ajmer to Bhilwara. 16. A perusal of paras 17, 18 and 19 shows that the kingpin of attack of the petitioners is that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iament. The basic needs of the people of that area is to be seen and no colour or features or size or political philosophy or its political trends should be the test for establishment of such projects and schemes and I have got no doubt that irrespective of the shifting and changes of the circle office if any the World Bank and the State Government functionaries would not permit them to be influenced by the irrelevant consideration of the size or stature of the public representation of that area. The public representatives can and according to the democratic tradition, should highlight the needs of that area but cannot either dictate the administrative functionaries, nor they can be allowed to vote any administrative need of any area if it is genuine and that way alone a healthy democracy and our Constitutional goals which aim at a welfare State and justice, economic, political and social to the people can be achieved. I have got no doubt that it would be realised by all concerned including the tallest of the politicians or of the bureaucrats that nobody is above our constitutional mandate and needs and whatever has been enshrined in it including Art. 38 referred to by the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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