CWP-8367/2010 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. SB CIVIL WRIT PETITION NO.8367/2010 Trilok Bansal & anr. Vs State of Rajasthan & ors. DATE OF ORDER : 05/07/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr. Vinay Mathur, for petitioner. Instant writ petition has been filed basically assailing the order Anx. 11 dt. 30/11/2005 passed by the Urban Development and Housing Department rejecting claim of the petitioner for grant of 15% of the developed land in reference to which order was communicated to him by the Land Acquisition Officer, Urban Improvement Trust, Ajmer on 14/11/2007 (Anx.12). It appears from the record that a Civil Suit was filed by the petitioner under Order 7 Rule 1 CPC assailing the action of the respondents rejecting claim for grant of 15% of the developed land but the suit was dismissed on 29/05/2010 (Anx.15). Counsel submits that the suit was dismissed on the technical plea that since the order of Urban Development and Housing Department dt. 30/11/2005 was not under challenge, any consequential order could not have been assailed by the petitioner and if the petitioner challenges the judgment of the Trial CWP-8367/2010 2 Judge by filing Regular First Appeal, it will meet WITH the same fate. In the opinion of this Court, the submission is without substance for the reason that against the judgment and decree of the learned Trial Judge dt. 29/05/2010, the only remedy available to the petitioner is of filing appeal as provided under the provisions of Civil Procedure Code where he will be at liberty to raise all objections permissible under law. However, this Court is not inclined to exercise its equitable jurisdiction under Article 226 of the Constitution of India for fulfilling the lacunae which could not be meted out by the petitioner at the stage of filing of the suit. Consequentially, the writ petition fails and is hereby dismissed. [AJAY RASTOGI], J. Raghu/p.2/ 8367-CW2010-final.doc