1 S. B. CIVIL WRIT PETITION NO.1859/2008 JAGAT SINGH & OTHERS V. STATE OF RAJASTHAN & ORS. DATE OF ORDER ::: 01/04/2008 HON'BLE MR. JUSITCE MUNISHWAR NATH BHANDARI Mr. Girish Joshi, for Petitioner (s). This writ petition has been filed essentially to challenge the gift of the land in dispute made by one of the Khatedars, though according to petitioners the land is of joint Khatedari rights, thus one Khatedar cannot gift the land, more so, when the land is not separately demarcated for each Khatedar. The learned counsel for the petitioner further submits that pursuant to the gift, respondent- Panchayat is raising construction in illegal manner and it is further stated that even a mutation entry has been opened in the name of respondents, though a copy of the said entry could not be placed on record while filing the writ looking to the urgency of the matter. Learned counsel for the petitioner was asked by this Court regarding maintainability of the writ petition in view of the fact that essentially a revenue suit is maintainable 2 against the co-tenants as well as against the other respondents in regard to opening of the mutation entry persuance to gift. In view of the above, the writ petition is not maintainable. Learned counsel for the petitioner submits that looking to the urgency of the matter that Panchayat is raising construction, the petitioner was left with no option, but to prefer this writ petition, but otherwise he is ready to exhaust the remedy as otherwise available under the civil and revenue law. But it is prayed that as an interim measures rights of the petitioner be protected for a reasonable period, so that during that period, the petitioner may exhaust his remedy as otherwise available. Looking to the fact that the present writ petition is not maintainable, learned counsel for the petitioner has prayed to file a proper suit. However, looking to the peculiar facts of the case as interim measures, the parties are directed to maintain status quo as it exists today for a period of fifteen days. The petitioner would be at liberty to pray for further interim relief before the competent court, where such suit 3 is preferred. With the aforesaid directions, the writ petition is disposed of . (M. N. BHANDARI), J. scd