SBCWP NO.10098/07. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.10098/2007. K.Vikram Rastogi Versus State of Rajasthan & Ors. Date of Order:- April 9, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Santosh Kr.Jaiman for the petitioner. Shri B.K. Sharma for Municipal Corporation, Jaipur. Shri Mahendra Goyal for the JDA. Shri G.K. Garg for respondent No.4. ***** BY THE COURT:- Writ petition has been filed by the petitioner challenging Resolutions No.58 and 75 passed by the Building Plan Committee on 8/10.8.2007 of Municipal Corporation, Jaipur. Dispute was raised by the petitioner that respondent No.4 has raised construction without leaving the 20 feet wide set back which they were otherwise required to leave while raising construction on their side of the plot and they have made use of 10 feet wide strip of land in the share of petitioner as part of their set- back. This court on 19/3/2010, directed the Commissioner Municipal Corporation Jaipur of the area concerned to inspect the site and submit his report as to the factual status. Report of the SBCWP NO.10098/07. 2 Commissioner Municipal Corporation Jaipur is on record, according to which, it is evident that while raising construction, respondent No.4 has towards the Western side after 10 feet wide way on the side of the petitioner, adjacent to the wall between the sub divided plot, has further left 20 feet wide set back towards the Eastern side. Learned counsel for petitioner sought to dispute the correctness of this statement. In the scope of writ of mandamus, disputed questions of this nature cannot be entertained and adjudicated because the Commissioner has in his report verified the actual availability of 20 feet wide set back in conformity with the approved site plan. If still petitioner feels aggrieved, he may, if so advised, file the appropriate civil suit for such a contentious issue, but this writ petition cannot be entertained. Writ petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil