CWP No. 367 of 2005 24.3.2008 Present: Mr. Anil Kumar, vice counsel for the petitioner. Mr. Rajesh Mandhotra, Deputy Advocate General, For respondents No. 1 & 2. Time to file rejoinder was granted by this court on 13th December, 2006. More than one year and three months have elapsed, but rejoinder has not been filed . Hence the right to file the same is closed. The grievance of the petitioner is that respondents No. 1 & 2 have awarded tender in favour of respondent No. 3 for construction of a road from Ghanvin to Julikot and that respondent No. 3 is dumping debris on the land of the petitioner. The respondents have filed the reply wherein it is stated that no damage has been caused to the land of the petitioner. Previously also, it appears, that the petitioner had filed some civil suit which was dismissed for non prosecution on 10th March, 2005. However, neither the copy of the plaint nor other pleadings of the suit have been annexed with this writ petition. Be that as it may, the fact remains that the remedy of the petitioner does not lie in writ proceedings. The question whether the construction of the road is causing damage to the land of the petitioner or what is the extent of damage can only be decided on the basis of evidence to be led before a civil court. The writ petition is dismissed with liberty granted to the petitioner to approach the civil court, if the said remedy is otherwise available to the petitioner in accordance with law. What is the consequence of the dismissal of the earlier suit is a question to be decided by the civil court in case the petitioner files a fresh suit. ( Deepak Gupta ), J. March 24, 2008(K) ( Rajiv Sharma ), J.