North East Colonizers LLP vs State of Rajasthan

Effectively in this petition under Article 226 of the

Constitution of India an injunction is sought against the

respondents from constructing a road in the khatedari land of the

petitioner situate in khasra no. 12 village Lohadera, Tehsil Tijara

District Alwar.

From the material on record of the petition, it is evident

that for the relief sought herein, the petitioner has already filed a

suit for injunction under Section 188 of the Rajasthan Tenancy Act

with in an application under Section 212 thereof before Sub

Divisional Officer, Tijara, District Alwar to restrain the respondents

from constructing a road through its khatedari land. The

application for interim injunction as per petitioner''s own case, has

been heard by SDO, Tijara, District Alwar on 11.7.2017, and the

order thereon is awaited.

Mr. Mehta submitted that the petitioner has approached

this Court for the exercise of its extraordinary jurisdiction despite

having availed the alternate remedy, for reason of the failure of

the SDO, Tijara, District Alwar to pass an order on the injunction

application under Section 212 of the Rajasthan Tenancy Act, for

the reasons of which the petitioner-Company is being rendered

remediless and the respondents are in the process of running a

road through its khatedari land.

Heard. Considered.

In view of the admitted fact that a suit for injunction

has already been filed by the petitioner before SDO, Tijara, District

Alwar for the same relief which has been sought in this petition, I

am not inclined to entertain in this petition. To do so would be

contrary to the rule against parallel remedies being allowed to be

availed on the same cause of action. Aside of the aforesaid, the

question as to whether the road under construction indeed runs

through the khatedari land of the petitioner or not would be one of

pure fact, which this Court cannot address in the exercise of its

jurisdiction under Article 226 of the Constitution of India. It is not

very difficult to visualize a potential dispute on the location of the

land, over which the respondents seek to construct a road.

At this stage, Mr. Mehta seeks permission to withdraw

the writ petition with a direction to SDO, Tijara to dispose of the

petitioner-Company''s application for interim injunction filed under

Section 212 of the Rajasthan Tenancy Act within a period of 7

days from today in view of arguments thereon already having

been heard and even the written arguments having been

submitted on 12.9.2017.

The prayer of Mr. Mehta is reasonable.

Resultantly, this petition is dismissed as withdrawn.

However, SDO, Tijara, District Alwar is directed to dispose of the

petitioner''s application under Section 212 of the Rajasthan

Tenancy Act filed within 7 working days from the date of

presentation of certified copy of this order after hearing the

contesting party. For compliance of this order, if necessary, the

petitioner shall be free to move an application for preponement of

the date fixed by the SDO, Tijara, District Alwar in the application

for interim injunction filed by the petitioner.