BHERAJ RAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 30.9.1991 against the respondents with the prayer that by an appropriate writ, order or direction, Annex. 2 dated 20.8.1991 by which the possession of the disputed land was taken over from the petitioner and the same was given to the respondent No. 3 Moola Ram, be declared nullity and the respondents No. 2 to 8 be directed to restore the possession of the land, which was taken through Annex. 2, to the petitioner.

(2.) THE case of the petitioner as put forward by him in this writ petition is as follows:

(3.) ON the other hand, the learned Counsel for the respondents has submitted that it is a civil dispute and there is possibility that the suit, which was filed by the petitioner before the Court of Sub -Divisional Officer (North), Bikaner would have been decided by now and if not decided so far, as contended by the learned Counsel for the petitioner, when civil suit is pending before the competent Court, therefore, this writ petition is not maintainable and liable to be dismissed as such.