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2022 DIGILAW 203 (RAJ)

Tej Singh v. State Of Rajasthan

2022-01-20

DINESH MEHTA

body2022
ORDER 1. By way of present writ petition, the petitioners have challenged the order dated 29.12.2021 passed by SDO, Jaisalmer (hereinafter referred to as the 'trial Court') in petitioners' injunction application filed under Section 212 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the 'Act of 1955'). 2. Brief facts of the case are that the petitioners have instituted a suit for declaration of rights under Section 88 along with an injunction application under Section 212 of the Act of 1955. Petitioners' injunction application has been rejected by the trial Court vide order dated 29.12.2021. 3. Instead of availing the remedies before the Appellate Authority, the petitioners have directly rushed to this Court inter-alia with the assertion that the respondent - Tehsildar is going to dispossess them. 4. A writ petition against rejection of TI application by the trial Court is not maintainable under Articles 226 and 227 of the Constitution, as a hierarchy of appellate authorities have been provided in the Act of 1955. The petitioners are required to avail remedy of appeal available to them in accordance with law. 5. Writ petition, therefore, fails. 6. Needless to observe that, the petitioners shall be free to avail remedy available under the Act of 1955. 7. Stay application also stands disposed of accordingly.