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2017 DIGILAW 2395 (RAJ)

Ramu S/o Shri Nanu @ Nanchha v. State of Rajasthan

2017-11-02

AJAY RASTOGI, DEEPAK MAHESHWARI

body2017
ORDER : 1. Instant appeal is directed against order of the Ld. Single Judge impugned dt.20-10-2016. 2. However, office has pointed out delay of 15 days in filing present appeal in support thereof separate application has been filed seeking condonation of delay u/S. 5 of Limitation Act. 3. After hearing counsel for the appellant, we find that the delay has been satisfactorily explained & deserves to be condoned. 4. Accordingly, the application seeking condonation of delay u/S. 5 of Limitation Act stands allowed and the delay is condoned. 5. The writ petition was filed at the instance of the appellants u/Art.226 of the Constitution seeking mandamus for correction in the revenue records in reference to khasra no. 1630/1 & 1630/2 which according to the appellants belongs to them & was wrongly entered in the name of non-petitioner no. 4. 6. As per the statement made by the petitioners in the writ petition and what being prayed for on the face value appears to be disputed question of fact for which as admitted by the Counsel remedy is available under the relevant Rules before the SDO/Collector. 7. On the complaint being made the Ld. Single Judge was of the view that once there is effective statutory remedy available at the command of the litigant it may not be advisable to invoke equitable jurisdiction of this Court u/Art.226 of the Constitution of India. 8. After we have heard counsel for the appellant we find no error in the order passed by the Ld. Single Judge which may call for interference. 9. Consequently, the appeal is devoid of merit and accordingly dismissed.