The Rajasthan High Court imposed a Cost of Rs 20,000 and dismissed a Public Interest Litigation (PIL), which is a second one as has been preferred by the petitioners on the plea that the petrol pump which has been allotted to the private respondents does not fulfill the mandate of the statute as the required distance between the petrol pump as also the locality is not as per the requirement.
The Division Bench of Chief Justice Augustine George Masih and Justice Sameer Jain noted that the petitioners have earlier filed petition in 2022, which came up for consideration before Division Bench of the Court when order dated September 12, 2022, was passed which read as follows:-
“After arguing the matter at some length, learned counsel for the petitioners seeks permission to withdraw the present writ petition. Only prayer has been made by him that a liberty may be granted to the petitioners to submit a representation to the respondents pointing out their grievance, as agitated in the writ petition.
This writ petition is dismissed as withdrawn with liberty aforesaid. If a representation is filed by the petitioners pointing out their grievance as agitated in this writ petition within two weeks from today, same shall be decided within four weeks thereafter in accordance with law.
Even thereafter if the petitioners feel that any grievance subsists, they shall be free to file a fresh writ petition before this Court challenging the order passed on their representation.
In light of the above, the Bench is of the considered view that the present petition is not maintainable as there is already a direction issued by this Court with regard to the grievance as has been highlighted by the petitioner.
Directions have also been issued for submitting representation which the petitioners states stand already filed but a decision has not been taken thereon.
A time frame for considering the said representation and deciding by the Collector had also been specified.
“The present writ petition being misconceived stands dismissed with Rs 20,000 cost to be deposited by the petitioners in the Rajasthan High Court, Bar Association, Jaipur,” the order read.