Rajasthan HC rejects Article 226 petition against trial court Order as appellate remedy was available
The Rajasthan High Court rejected the petition under article 226 against the trial court Order as appellate remedy was available.
The petitioners have challenged the order passed by SDO, Jaisalmer, in petitioners’ injunction application filed under Section 212 of the Rajasthan Tenancy Act, 1955. The petitioners have instituted a suit for declaration of rights under Section 88 along with an injunction application under Section 212 of the Act of 1955. Petitioners’ injunction application has been rejected by the trial Court.
The single judge bench of Justice Dinesh Mehta noted that instead of availing the remedies before the Appellate Authority, the petitioners have directly rushed to the Court interalia with the assertion that the respondent – Tehsildar is going to dispossess them.
The court stated that a writ petition against the rejection of TI application by the trial Court is not maintainable under Articles 226 and 227 of the Constitution, as a hierarchy of appellate authorities have been provided in the Act of 1955.
The court added that the petitioners are required to avail the remedy of appeal available to them in accordance with law and are free to avail remedy available under the Act of 1955.
Case title: Tej Singh S/o Shri Alam Singh and Ors. v/s The State Of Rajasthan and Ors.
Citation: S.B. Civil Writ Petition No. 982/2022
