IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 03.11.2008. S.B. CIVIL WRIT PETITION NO.4234/2005 HON'BLE MR. JUSTICE DALIP SINGH Shri R.M. Sharma, for the petitioner. Shri G.S. Faouzdar }, Shri Dharmendra Agarwal }, for the respondent. Shri R.S. Shekhawat, Deputy Government Advocate. Heard learned counsel for the parties. This writ petition has been filed against the order dated 7.5.2005 by which the application filed by the plaintiff petitioner under order 26 for appointment of Commissioner for site inspection has been dismissed. The dispute is with regard to the construction being raised by the non petitioner No.1 over a piece of land which the plaintiff alleges to be Government land and part of a public way and it is for this purpose that the plaintiff wanted the site inspection and appointment of Commissioner. Having heard learned counsel for the parties and having perused the impugned order I am not inclined to interfere with the impugned order as the same in my view Suffice it to say that it would be for the learned trial court to decide whether the land in question where the constructions are being raised belong to the defendant and defendant is entitled to raise construction over the same. Subject to the above this writ petition as well as the stay application stand disposed. The interim order passed by this court dated 1.6.2005 is vacated. (DALIP SINGH),J. Ramchandrkhatri,PS