S.B. CIVIL WRIT PETITION NO.5580/2010 Executive Engineers & Ors. Vs. Ashok Kumar & Ors. Date of Order :: 08.07.2010 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. P.C. Sharma, for the petitioner. Mr. Rakesh Arora, for the respondent. ... The S.D.O., Balotra under the order dated 23.3.2009 while considering the application preferred under Section 111 of the Land Revenue Act, 1956 directed to get the land in dispute measured by appointing a Commissioner. The petitioner preferred an appeal as per the provisions of Section 75 of the Land Revenue Act, 1956 before the Divisional Commissioner and in that, an order 14.5.2010 was passed, wherein also the appellate authority ordered for getting the measurement of the land in dispute with the aid of experienced employees within a period of 15 days. Being aggrieved by order dated 14.5.2010, the petitioner-Rajasthan Housing Board then preferred a revision petition before the Board of Revenue for Rajasthan, Ajmer as per the provisions of Section 84 Land Revenue Act, 1956 and that too came to be rejected on 01.6.2010. While assailing validity of the order dated 01.6.2010 and also the order dated 14.5.2010 passed by the Addl. Divisional Commissioner, the contention advanced is that the order dated 14.5.2010 virtually amounts to final adjudication of the dispute and, as such, that could not have been passed in view of the judgment of Hon`ble Supreme Court given in the case of Director General of Police, Central Reserve Police Force, New Delhi & Ors. Vs. P.M. Ramalingam (reported 2009(1) Rajasthan Revenue Times P.520. Learned counsel for the respondent pointed out an important fact regarding the execution of order passed by the Addl. Divisional Commissioner and also that the appeal itself is listed for final disposal before the appellate authority tomorrow. The fact regarding execution of the order relating to measurement has been accepted by the counsel for the petitioner with additional submissions that the objection was raised by the Housing Board for holding such measurement. True it is, the courts are not required to pass any order that virtually amounts to final settlement of dispute while passing interim orders, however, in the instant case merely on that count discretion of this Court is not required to be exercised as the measurement of the land as directed by the S.D.O., Balotra has already been conducted. The measurement has been made for the purpose of reaching at a definite conclusion and for objective consideration. The appeal itself is also posted for final disposal tomorrow. The objective consideration by the quasi- judicial authorities is always expected and in this case too measurement has been made for this purpose only. I am of the considered opinion that the authority competent will decide the matter with all fairness and objectivity with the additional facts available. As such, I am not inclined to exercise my powers under Articles 226 and 227 of the Constitution of India. The petition for writ is accordingly dismissed. (GOVIND MATHUR), J. Sanjay/-