1 S.B. Civil Writ Petition No.4542/2010. Jagroop Singh. vs. State of Raj. & Ors. Date : 12.5.2010 HON'BLE MR. PRAKASH TATIA, J. Mr.CS Kotwani, for the petitioner. - - - - - Heard learned counsel for the petitioner. The petitioner is aggrieved against the order dated 28.4.2010 passed by the Superintending Engineer concerned under the Rajasthan Irrigation and Drainage Act, 1954 by which the Superintending Engineer allowed the appeal of the respondent. Learned counsel for the petitioner submitted that the appellate authority committed error of law by ignoring the standing order and also by ignoring the order passed by the Executive Engineer on earlier occasion. Since disputed questions of fact are involved which can be well examined and decided by the civil court and the order passed under the Act of 1954 can be challenged before the civil court in view of Section 52, therefore, in the facts and circumstances of the case, this Court is not inclined to entertain this writ petition. 2 Consequently, this writ petition is hereby dismissed. However, the petitioner will be free to avail the remedy of civil suit. (PRAKASH TATIA), J. S.Phophaliya