1/2 (1)- S.B. CIVIL WRIT PETITION NO. 3631/2004 (Alisher & Anr. Vs. Divisional Commissioner, Bikaner & ors.) (2)- S.B. CIVIL WRIT PETITION NO. 3458/2004 (Alisher Vs. Divisional Commissioner, Bikaner & ors.) DATE OF ORDER : 30.10.2007. HON'BLE DR.JUSTICE VINEET KOTHARI Mr. Gopal Acharya, for the petitioners. Mr. JL Purohit) Mr. Dilip Moolchandani, A.G.A.) for respondents. 1. Heard the learned counsel for the parties. 2. Both these petitions raise identical issue of law and facts, therefore, both are decided by this common order. For convenience, facts are taken into consideration from SB Civil Writ Petition No. 3631/2004. 3. This petition is directed against the order dated 25.5.2004 passed by learned Commissioner, Bikaner whereby the case was remitted back to the Collector, Churu for deciding the case afresh in the light of Section 90(2) read with Section 3 (c) of the Rajasthan Municipalities Act, 1959 relating to fraud in issuing the patta for land in question in favour of the petitioners. 4. Learned counsel for the petitioners submits that there was already a civil litigation pending in the competent civil 2/2 court with regard to same dispute, therefore, the remand order is bad in the eye of law. 5. This submission is opposed by learned counsel for the respondents. He submits that against the remand order, no interference is called for by this Court in extraordinary jurisdiction. 6. Having considered the rival submissions, this Court is of the opinion that at this stage, no interference is called for in the impugned order dated 25.5.2004. The petitioner may be free to raise the objection before the Collector, Churu to whom the case has been remanded that identical relief has been claimed by the respondents in the civil suit filed by them which is pending in the competent court, and the Collector is expected to decide such objection in accordance with law. 7. Subject to the said observation, the Collector shall be otherwise free to decide the remand proceedings in accordance with law. 8. With these observations, the petitions are disposed of. No order as to costs. (Dr VINEET KOTHARI)J. ITEM NO.27-28. gandhi/-