SBCWP No.631/2009 Davendra Singh & Ors. Vs. UOI & Ors. -1- SBCWP No.631/2009 Davendra Singh & Ors. Vs. UOI & Ors. DATE OF ORDER : - 28.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.PS Rathore, for the petitioner. <><><> Heard learned counsel for the petitioner. After going through the impugned order dated 15.1.2009, I am of the view that the petitioner could have placed on record other material evidence to show his construction over the land in dispute. If the trial court in the facts of the case found that the trial court can decide the application of the petitioner filed under Order 39 Rule 1 and 2 PC effectively without obtaining the report of the Commissioner, I do not find any reason to interfere in the said order in the facts of the case. However, the trial court's observations that admittedly construction has been raised by the Railway on the entire property in question is concerned, that is only a observation while deciding the SBCWP No.631/2009 Davendra Singh & Ors. Vs. UOI & Ors. -2- application for appointment of the Commissioner. The petitioner's right to prove his rights and prove the possession of the property at the time of filing of the suit and, thereafter, change in the property, the petitioner can produce his material like Photographs etc. In view of the above reasons, I do not find any reason to interfere in the impugned order. Hence, the writ petition of the petitioner is dismissed. (PRAKASH TATIA), J. c.p.goyal/-