1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.2696/2009 (Khemchand Vs. State of Raj. & Ors.) Date of order : 06.04.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Rajesh Shah, for the petitioner. Before filing this writ petition, a suit was filed by the petitioner. The said suit was dismissed by the Civil Court upon application filed under Order 7 Rule 11 CPC read with Section 49 (h) of Specific Relief Act. In my opinion, the petitioner is claiming compensation of Rs.2,00,000/- with simple interest on the ground that denial of allotment of contract to the petitioner for last fifth years by the respondents was illegal. The said relief for compensation can be awarded by the Civil Court and for the same, the petitioner is required to file proper suit. During the course of arguments, the petitioner has shown the order passed by Civil Court in which it emerges that in the suit filed by the petitioner an application under Order 7 Rule 11 CPC 2 was filed on the ground that the suit was filed without compliance of Section 109 of the Panchayat Act in which it is provided that before filing civil suit, two months' notice is required to be given to the Panchayati Raj Institution. In this view of the matter, I am not inclined to interfere under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed. However, the petitioner is at liberty to challenge the order passed by Civil Court whereby the suit of the petition was dismissed upon application filed under Order 7 Rule 11 C.P.C. (GOPAL KRISHAN VYAS), J. arun