HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 19801/2019

Ramdhan @ Dhanpal S/o Shri Ram Sahay, Aged About 60 Years,

By Caste Meena, R/o Bhikhahedi, Tehsil Laxmangarh, Distt.

Alwar (Raj.)

----Petitioner

Versus

1.

Chairman, Jaipur Discom, Jaipur Vidyut Vitran Nigam Ltd.,

Jyoti Nagar, Jaipur

2.

The Superintendent Engineer, J.v.v.n.l., Alwar

3.

The Executive Engineer, J.v.v.n.l., Laxmangarh, Alwar

4.

The Assistant Engineer, J.v.v.n.l., Laxmangarh, Alwar

5.

Ramchandra @ Babulal S/o Bodan, Aged About 67 Years,

By Caste Meena, R/o Bhikhahedi, Tehsil Laxmangarh,

Distt. Alwar

6.

Jagdish S/o Bodan, Aged About 57 Years, By Caste

Meent, R/o Bhikhahedi, Tehsil Laxmangarh, Distt. Alwar

(Raj.)

7.

Ghasi S/o Rampal, Aged About 67 Years, By Caste Meena,

R/o Bhikhahedi, Tehsil Laxmangarh, Distt. Alwar (Raj.)

8.

Rakesh S/o Jagdish, Aged About 29 Years, By Caste

Meena, R/o Bhikhahedi, Tehsil Laxmangarh, Distt. Alwar

(Raj.)

9.

Kadu Ram S/o Ram Sahai, Aged About 47 Years, By Caste

Meena, R/o Bhikhahedi, Tehsil Laxmangarh, Distt. Alwar

(Raj.)

----Respondents

For Petitioner(s)

:

Mr. Vinod Kumar Sharma

For Respondent(s)

:

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

26/11/2019

This writ petition has been filed by the petitioner challenging

the order dated 16.09.2019 passed by the trial Court whereby the

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[CW-19801/2019]

application submitted by the petitioner for appointment of

commissioner was dismissed.

Brief facts of the case are that the petitioner-plaintiff filed a

suit for permanent injunction before the trial Court. During

pendency of the suit the petitioner-plaintiff filed an application for

appointment of commissioner. The application filed by the

petitioner was allowed by the trial Court on 12.03.2019 by which

the trial Court has appointed Tehsildar, Laxmangarh cum-mauka

commissioner and further directed to submit its report. The

Tehsildar, Laxmangarh vide letter dated 03.07.2019 submitted its

report, thereafter, the petitioner-plaintiff again moved second

application and objection on the report submitted by the

commissioner. The said application was dismissed by the trial

Court on 16.09.2019. Hence, this writ petition has been filed.

Counsel for the petitioner submits that the report submitted

by the commissioner is not proper as the commissioner in its

report has submitted that there is no fix point to measure the site.

Counsel further submitted that the disputed site is to be measured

by the settlement department to ascertain the position of the

disputed land. Counsel further submits that the trial Court has

committed serious illegality in not considering his objections.

Heard counsel for the petitioner and perused the record.

This writ petition filed by the petitioner deserves to be

dismissed for the reasons; firstly, the commissioner has submitted

in its report with regard to location of the disputed site who is a

government employee and prepared the report on the basis of

revenue record and the trial Court has not committed any illegality

in dismissing the objection submitted by the petitioner. The

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[CW-19801/2019]

petitioner-plaintiff has right to prove his case by leading the

evidence before the trial Court.

In that view of the matter, no illegality has been committed

by the trial Court, I am not inclined to exercise the jurisdiction of

this Court under Article 227 of the Constitution of India.

Hence, this writ petition is dismissed.

(INDERJEET SINGH),J

Arun/130