SBCWP 1639/2008 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R Ash Mohammed V/s. State of Rajasthan & Ors. S.B. CIVIL WRIT PETITION NO.1639/2008 Date of Order : 22/02/2008. PRESENT HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Smt.Manju Sharma for the petitioner. ****** BY THE COURT:- Heard learned counsel for the petitioner. 2) This writ petition has been filed to challenge the validity of the sale-deed with a prayer to quash and set-aside the same and with further prayer to direct respondents No.1 and 2 not to disburse the amount of compensation to the respondents No.7 and 8 on the strength of such sale- deed. 3) It is argued that though petitioner has filed civil suit for setting aside the said sale- deed but the learned trial court rejected his application filed under Order 7 Rule 11 CPC on the ground that only writ petition should be filed against any Notification issued under the Land Acquisition Act, 1894 and that the civil court would have no jurisdiction to go into that and only this Court can examine the same. SBCWP 1639/2008 2 4) Upon consideration of the argument aforesaid and perusal of the prayer clause of the plaint copy of which has been placed on record, I find that the notification of the government was not under challenge. Remedy is available to the petitioner to file an appeal against such order under Order 43 Rule 1(a) C.P.C. 5) Learned counsel for the petitioner at this stage prayed for permission to withdraw the writ petition with the liberty to file appeal. He is permitted to do so. The writ petition is accordingly dismissed as withdrawn. Registry is directed to return the certified copies of the orders annexed with this writ petition to the learned counsel for the petitioner after obtaining photocopies thereof on record. (MOHAMMAD RAFIQ), J. anil