1 D.B.Civil Special Appeal(Writ) No.174/2007 Kalyan Singh and ors. V/s State of Raj. & ors. 11.12.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.R.K.Mathur for the appellants. Heard Mr.R.K.Mathur, learned counsel for the appellants. Perused the order impugned. By the order impugned, the writ application filed by the appellants was dismissed. The suit for declaration and permanent injunction was dismissed by the trial court on 8.12.1988. Statutory appeal was also dismissed in the year 1997 and the orders were affirmed by the Member, Board of Revenue on 15.9.2005. Learned counsel for the appellants submitted that the learned Single Judge of this Court has not examined the facts properly nor he has taken care to look into the documents filed on behalf of the parties pertaining to title in question. In view of the concurrent findings of fact recorded by three courts, it was not open to the writ court even under Article 226 of the Constitution to re-appraise the facts or evidence. The writ application, therefore, was rightly dismissed, in view of the ratio laid down by the apex court in the case of Sadhana Lodh V/s National Insurance Company Ltd. & Anr., (2003) 3 SCC, 524. 2 Regard being had to the facts and circumstances of the case, therefore, it would not be again open to us to appraise the facts which have already been concluded by recording concurrent findings of fact by four courts. This appeal, in that view of the matter, is devoid of any merit. It is thus dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar