1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.2559/2009. : : Surya Narayan & Ors. Vs. Additional District Magistrate & Ors. : : Date of Order 15.4.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Amit Jindal for the petitioner. Heard learned counsel for the petitioner. 2. This writ petition has been filed filed challenging the order passed by Additional District Magistrate No.1, Jaipur, District Jaipur dated 29.1.2009 whereby revision petition of the petitioner filed under Section 97 of Rajasthan Panchayati Raj Act was dismissed. 3. Learned counsel for the petitioner has submitted that learned Additional District Magistrate has misconstrued the order passed by Civil Court and has wrongly held that revision petition cannot be allowed because the controversy is pending consideration before the Civil Court. In the Civil Court the petitioner merely filed a injunction suit and it is in 2 the written statement filed by the respondents in the civil suit he first time came to know that same patta the respondent No.2 claiming possession has not been issued by Gram Panchayat, Dhola. Learned counsel has cited the report of Tehsildar and submitted that there is no record proving issuance of such patta. It is contended that scope of two provisions namely; cancellation of patta by the Collector and the injunction suit by the Civil Court was entirely different and both could not be treated as similar. 4. Upon hearing learned counsel for the petitioner and perusing the impugned order, I find that subject matter of controversy in both the proceedings is the same i.e. land in dispute which is claimed by the respondent on the strength of patta which the petitioner alleges is forged one. If that be so, that petitioner came to know about patta for the first time when written statement filed by the respondent, the controversy cannot be got adjudicated by seeking necessary amendment in the claim and praying for appropriate declaration. No interference is called for in the order dated 29.1.2009 passed by Additional District Magistrate, No.1, Jaipur . However, this writ petition is disposed of with liberty to petitioner to seek necessary 3 amendments in the written statement and impleding the Gram Panchayat, Dhola as party. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.55.