CW- 2286/2008 -Shokat Ali & Anr. Vs. State of Rajasthan & Ors. Judgment dt.22.7.08 1/2 S.B. CIVIL WRIT PETITION NO.2286/2008 Shokat Ali & Anr. Vs. State of Rajasthan & Ors. Date of order : 22nd July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. R.S. Choudhary for the petitioner. Mr. S.P. Sharma for the respondent No.4. None present for other respondents, despite service. --------- 1. Heard learned counsels. 2. The petitioners are aggrieved in this writ petition by the order dated 27.10.2007 by Tehsildar, Land Conversion, Sardar Sahar for making mutation entries in favour of the Municipal Council, Sardar Sahar of the land in question in the Revenue record. 3. Learned counsel for the petitioners submits that a revenue suit filed in the Court of learned Addl. Collector, Sardar Sahar i.e. Revenue Suit No.36/99 which is placed as Annexure 4 along with the writ petition, is a suit filed for declaration and correction of mutation entries under Section 88 and 92A of the Rajasthan Tenancy Act. 4. Learned counsel for the respondent No.4 -Municipal Board has filed a reply to the writ petition along with the application under Article 226(3) of the Constitution of India for vacation of ex- parte stay order. 5. Learned counsel for the respondents raised an objection CW- 2286/2008 -Shokat Ali & Anr. Vs. State of Rajasthan & Ors. Judgment dt.22.7.08 2/2 that the petitioner cannot be permitted to maintain this writ petition while the revenue suit No.36/ /1999 is pending before the competent revenue Court. 6. Learned counsel for the petitioner submitted that it is on account of subsequent cause of action namely order issued by the Tehsildar on 27.10.2005 and Annex.15 dated 26.3.2008 notice given by Municipal Council, Sardar Sahar, that the petitioner filed this writ petition. 7. Having heard learned counsels, this Court is of the opinion that since the petitioner has already approached the learned Revenue Court by the aforesaid suit, the relief claimed in the present writ petition can very well be claimed in the said revenue suit, if necessary by amendment of the pleading and prayer for interim injunction. 8. In view of the said suit being pending, this writ petition cannot be entertained. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.34 babulal/-