SBCWP No.3119/2006 Preetam Singh & Anr. Vs. Harnam Singh & Ors. 1 SBCWP No.3119/2006 Preetam Singh & Anr. Vs. Harnam Singh & Ors. DATE OF ORDER : - 29.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. GJ Gupta, for the petitioners. Mr. HS Sandhu, for the respondents. <><><> Heard learned counsel for the parties. The petitioners-plaintiffs are aggrieved against the order of the trial court dated 7th Sept., 2005 and appellate order dated 28.1.2006. Both the courts below were of the view that looking to the facts of the case, the plaintiffs' suit which was filed against the Sarpanch of the Gram Panchayat impleading him as party in his personal name was in fact, relief sought against the said officer of the Panchayat. The two courts below were of the view that plaintiffs may serve statutory notice under the Rajasthan Panchayati Raj Act and, thereafter, he may file the suit again. The writ petition against the respondent no.4 has already been SBCWP No.3119/2006 Preetam Singh & Anr. Vs. Harnam Singh & Ors. 2 dismissed in view of the order of this Corut dated 8.8.2007. However, according to learned counsel for the petitioners, the dismissal order passed for respondent no.4 is under challenge as petitioners have filed special appeal before the Division Bench. It is relevant that to challenge the order dated 8.9.2007 special appeal may have filed by the petitioners but as stated by the learned counsel for the petitioners that said special appeal, yet even has not been registered and lying in defect only. Since the writ petition against the respondent no.4 – one of the co-defendant has already been dismissed, whereby the order impugned had become final against the respondent no.4 and in view of the totality of the facts of the case, I do not find any merit in this writ petition. Hence, the writ petition of the petitioners is dismissed. (PRAKASH TATIA), J. c.p.goyal/-