1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 570 of 2009 MOHD. FAROOQ V/S STATE OF RJASTHAN & ORS. Mr. SUNIL MEHTA, for the appellant / petitioner Date of Order : 20.7.2009 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI GOVIND MATHUR,J. ORDER ----- Heard learned counsel for the appellant. In our view, it cannot be disputed that the matter involves seriously disputed questions of fact. It is contended that the earlier order of this Court in the garb of which his house has been demolished do not cover the matter and circumstances of the present case so as to entitle the circumstance to demolish the house. In our view, it would be appropriate for the appellant to file a regular civil suit taking all pleas, and claiming such compensation as he may feel entitled to. It is, however, clarified that if the suit is filed 2 that will be decided by the concerned court objectively, dispassionately without in any manner being obsessed by the dismissal of the present writ petition, and appeal, and by appropriately considering the fact and consequences of earlier judgment of High Court, and as to whether the order was properly implemented or not. The appeal is dismissed with aforesaid liberty. ( GOVIND MATHUR ),J. ( N P GUPTA ),J. /Sushil/