1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.561/2008 (Babu Lal Vs. State & Ors.) Date of order : 19.11.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Sudheer Sharma, for the petitioner. Mr. O.P. Boob, Dy. Govt. Counsel. Mr. Rajesh Bhati, for respondent No.6. Heard learned counsel for the parties. In this case, the petitioner is challenging the Annexure-10 passed by the District Collector in the revision petition filed under Section 97 of the Panchayati Raj Act, 1995 as well as Annexure-11 – the suit which is filed by the Forest Department against the petitioner. The case of the petitioner is that the land in question was subject matter of the identical suit before the Civil Court as well as before the Revenue Courts in which a finding has been given that the land is belonging to the Panchayat and Forest Department has nothing to do with the land in question. On this ground, the petitioner has preferred this writ 2 petition with the prayer that the revision petition filed by the respondents as well as the suit filed by the respondents may be set aside. In my opinion, the petitioner was not party in other cases and now revision and suit has been filed independently by the respondents against the petitioner and petitioner is to contest those proceedings in Civil Court as well as of the Revenue Courts. Therefore, direct interference under Articles 226/227 of the Constitution of India is not proper. Accordingly, this writ petition is disposed of with liberty to the petitioner to raise all his grounds before the District Collector in pursuance of Annexure-10 so also before the Civil Judge, Junior Division, Chittorgarh in the suit, which is said to be filed against the petitioner. Both the authorities are directed to decide the matter expeditiously. In the meanwhile, status quo as ordered by District Collector vide Annexure-10 shall be maintained by the parties. No order as to costs. (GOPAL KRISHAN VYAS), J.