CW 3591/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3591/08 Banwari Versus State & Ors. DATE OF ORDER : 18/05/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sandeep Pathak, for petitioner Mr. Akhil Simlote, for respondents *** Matter has come up on application U/Art.226 (3) of the Constitution for vacation of interim order passed by this court dt.10th April, 2008. Counsel for respondents while making submission on the application filed raised preliminary objection that order impugned in the instant petition passed by Tehsildar u/s.251 of Rajasthan Tenancy Act dt.8th April, 2008 is appealable u/s.225 of the Act and which is further revisable u/s.230 before Board of Revenue. On the objection being raised, this court granted time to petitioner on 6th May, 2009 to seek instructions. Counsel for petitioner does not dispute that order under challenge is appealable, but submits that remedy of appeal cannot be considered to be CW 3591/08 [2] efficacious in the facts of instant case. It has not been pleaded in the petition as to for what circumstances and reasons order impugned indisputably appealable will not be considered to be efficacious in the facts of instant case. In view of statutory remedy of appeal available u/s.225 and is further revisable u/s.230 of the Act before Board of Revenue, this court is not inclined to exercise extraordinary jurisdiction U/Art.226 of the Constitution of India. Consequently, writ petition stands dismissed. However, petitioner will be at liberty to avail remedy of appeal available under law against the order impugned. [AJAY RASTOGI], J. FRBOHRA3591CW08 18-5.doc