IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.7385/2008 {Laxman Singh Versus Bhanwar Singh & Others} Date of Order :: 4th August, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Jai Prakash Gupta for the petitioner BY THE COURT: Heard learned counsel for the petitioner. 2. This is plaintiff's writ petition directed against the order passed by the trial court as well as the first appellate court, whereby his application for temporary injunction has been rejected during the pendency of the suit. 3. Learned counsel for the petitioner contended that he is in possession of the land in dispute, therefore, both the courts below committed an illegality in dismissing his application for temporary injunction. 4. I have considered the submissions of learned counsel for the petitioner in the light of reasons assigned by the both the courts below. The courts below have observed that disputed land is a Government land. The Naib Tehsildar has passed an order of dispossession of the petitioner from the disputed land. The petitioner has an alternative remedy by way of an appeal challenging the order of Naib Tehsildar before the appellate court. So far as the so-called patta produced on behalf of the petitioner is concerned, the first appellate court has observed that the patta does not belong to the disputed piece of land. Both the courts below have recorded a concurrent finding about prima-facie case, balance of convenience and irreparable injury in favour of the defendants and against the plaintiff- petitioner. The same finding cannot be interfered with by this Court while exercising jurisdiction under Article 227 of the Constitution. There is no merit in this writ petition and the same is, accordingly, dismissed in limine. (NARENDRA KUMAR JAIN),J. DK