S.B. CIVIL WRIT PETITION NO.10583/2007. Rampal Saini Vs. State and ors. Date of order :- 8/1/2008. HON'BLE MR.JUSTICE M.N. BHANDARI Shri Hari Kishan Saini for the petitioner. **** This writ petition has been preferred by the petitioner with the following prayers:- “It is, therefore, most humbly and respectfully prayed that your lordships may very graciously be pleased to accept/allow this writ petition, call for the record and be further pleased to issue an appropriate writ, order or direction in the nature thereof:- (i) declaring the action of the respondents in demolishing the property of the petitioner as illegal and without jurisdiction and the respondents may be directed to make payment of suitable amount of compensation for restoring the same; (ii) directing the respondents to take appropriate legal proceedings against the defaulting officers/officials of the district administration and to make a fair and thorough enqiry into the matter. (iii) declaring the order dated 20/3/2006 (Ann.1) passed by the Gram Panchayat Kanwat as illegal and without jurisdiction and the same may kindly be quashed and set-aside and it may be declared that there is no way existing in the agriculture land of the petitioner bearing Khasra No.1730 for the respondent No.7 or in the alternative directing the respondent No.5 to expeditiously decide the appeal filed by the petitioner on 12/5/2006 (Ann.2)”. SBCWP NO.10583/2007. ( 2 ) It has been contended that respondent had removed construction so made by the petitioner in an illegal manner and despite of pendency of the appeal, so moved by the petitioner is pending before the appropriate forum namely; Panchayat Samiti Khandela. Learned counsel for the petitioner has failed to submit that he had made any effort to pursue his remedies by moving an appropriate application and seeking protection in the pending appeal before the Panchyat Samiti and without taking any action in that regard he has straightway filed this writ petition to seek declaration regarding his property right by invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. The petitioner is having alternative remedies available under the revenues as well as in the civil law and, therefore, the jurisdiction of this court under Article 226 of the Constitution of India cannot be invoked without exhausting the said remedies. The writ petition is dismissed as not maintainable. (M.N. BHANDARI), J. anil