1 DB Civil Special Appeal (Writ) No.238/2009 Kesha Ram & Ors. vs. State of Raj. & Ors. D.B. CIVIL SPECIAL APPEAL(W) NO.238/2009 Kesha Ram & Ors. vs. State of Raj. & Ors. Date of Order :: 22-04-2009 HON'BLE THE CHIEF JUSTICE MR. DEEPAK VERMA HON'BLE MR. JUSTICE PRAKASH TATIA Mr.Moti Singh, for the appellants. Mr.Sandeep Bhandawat, for the respondent no.1. Mr.Hemant Choudhary, for the respondents no.2 & 3. Mr.Shanker Rajpurohit, for the respondent no.4. - - - With the consent arguments heard. Record perused. The unsuccessful petitioners of writ petition no.1159/2009 decided by the learned Single Judge on 16.2.2009 are before us in this writ appeal. The appellants have been issued notice by the Naib Tehsildar on 23.1.2009 calling upon them to file their reply by the next date and to put up their case. It appears that pursuant to this, the present appellants have submitted their reply before the Naib Tehsildar and the matter is already pending before him. However, before adjudication of the notice 2 DB Civil Special Appeal (Writ) No.238/2009 Kesha Ram & Ors. vs. State of Raj. & Ors. issued to them by Naib Tehsildar, they approached the writ Court challenging the same. The learned Single Judge was of the opinion that since the Naib Tehsildar is already seized of the matter and has issued notice to the appellants who have not submitted their reply, therefore, the appellants' writ petition is premature in nature and accordingly, proceeded to dismiss the same. It is this order which is under challenge before us on variety of grounds. After carefully going through the impugned order and after having heard learned counsel and after perusal of the provisions contained in Sections 91, 75 and 77 of the Rajasthan Land Revenue Act, 1956, we are of the opinion that no interference against the impugned order is called for. The appeal is devoid of merits, hence, dismissed. The Naib Tehsildar is directed to proceed in accordance with law on merits. [PRAKASH TATIA],J. [DEEPAK VERMA],CJ. S.Phophaliya