IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. J U D G M E N T D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1013/2008. IN S.B. CIVIL WRIT PETITION NO.1118/2006. Union of India and ors. Vs. Gopal Ram and anr. Date of order :: 12/8/2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Sangam Singh Solanki for the appellants. **** This appeal has been filed against the judgment of the learned Single Bench of this Court dated 7/7/2006 whereby, the writ petition of the appellants was dismissed. In the writ petition, the appellants have challenged the order dated 30/8/2005 rejecting their application raising objections. By the aforesaid application, the appellants raised objection with regard to appointment of Tehsildar as Commissioner. Learned trial court rejected the application on the ground that objection was made with regard to appointment of Tehsildar as Commissioner. The objection was founded on the argument that Tehsildar on earlier occasion also, was appointed as Commissioner on 15/6/2005. The court observed that if at all the appellants wanted to object to the appointment of Tehsildar as Commissioner, it was required of them to have raised such an objection at the time of passing of the order dated 7/7/2005. It was not open to them to raise such objection when the report was submitted by the Commissioner on 16/8/2005. Learned Single Bench considering the order aforesaid, did not find any infirmity therein and therefore rejected the writ petition. We find ourselves in agreement with the view taken by the learned trial court which has since been upheld by the learned Single Judge. We, however, make it clear that if the appellants have any objection to the contents of the report of the Commissioner, they would be at liberty to raise objection before the trial court which shall be considered by that court in accordance with law. The appeal is dismissed with the aforesaid observation. (MOHAMMAD RAFIQ), J. (NARAYAN ROY), CJ. anil/- 2