CW 13994/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No. 13994/2008 Kalyan Lal & Ors. Versus State & Ors. Date of Order ::: 27/03/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Amit Jindal, for petitioner Mr. KS Chandel, Dy.Govt.Counsel, for respondents-State Mr. Rajendra Sharma, for respondent No.5 (Sarpanch). Matter has come up on application U/Art. 226(3) of the Constitution seeking vacation of interim stay order dt.16/12/2008 of this Court directing to maintain status quo. At request, matter was finally heard and is being disposed of at admission stage. Instant petition has been basically filed against action of respondents in constructing a way through fields of petitioners under the garb of National Rural Employment Guarantee Scheme. As alleged, petitioners are khatedar- tenants of following Khasra Numbers as per Jamabandi placed on record as Annexures 1 to 3:- (1)Petitioner No.1 – NO.919, 954 & (8) Ors. (2)Petitioner No.2 – No.952, 973 & (22) Ors. (3)Petitioner No.3 – No.915, 917 & (2) Ors. Counsel for petitioners submits that under the National Rural Employment Guarantee Scheme, respondents are trying to construct a way through their fields without any authority of law. CW 13994/08 //2// After notices were served upon respondents reply has been filed and the fact of constructing way under National Rural Employment Guarantee Scheme from their agricultural fields has been disputed and it has been inter-alia averred in paras 3 & 9 that they are constructing the road through khasra numbers which do not overlap land of petitioners' khasra numbers and in fact road is being constructed on khasra Nos. 766, 908, 907, 955, 974 & 978 over siwai chak land which is not belonging to petitioners in support whereof, site plan (Ann.R5/2) & site inspection report (Ann.R5/4) have been placed on record. In view of specific reply, the facts placed on record are disputed questions of fact as to whether the road allegedly being constructed by respondents under National Rural Employment Guarantee Scheme is either in petitioners' fields or on a siwai chak land. No opinion can be expressed thereon. However, the petitioners have remedy for redressal of their grievance U/s 188 of Rajasthan Tenancy Act in the facts of instant case, if they so choose, but this Court is not inclined to exercise equitable jurisdiction under Art. 226 of the Constitution. At this stage, Counsel for petitioners made a request to continue interim order till they avail of remedy under law. CW 13994/08 //3// It would be always open for petitioners to file application before appropriate forum for interim relief. Consequently, writ petition fails and is hereby dismissed. Application U/Art. 226(3) of Constitution is allowed and interim stay order dt. 16/12/2008 stands vacated. No costs. (Ajay Rastogi), J. K.Khatri/p3/13994CW08Mar27.doc