DEVA RAM Vs. STATE

JUDGEMENT

(1.) THIS revisional application by defendant No.3 Deva Ram is directed against the order of the Additional Civil Judge, Jodhpur dated January 24, 1977 by which he decided issue No. 6 in favour of the plaintiff Jas Raj (non-petitioner No. 3) and against the defendants.

(2.) DEFENDANT No. 1 State of Rajasthan is non-petitioner No. 1 and defendant No. 2 Mining Engineer, Jodhpur is non-petitioner No. 2 in this revision.

(3.) MR. H.M. Parakh, learned counsel for the petitioner has argued that the jurisdiction of the civil court to entertain and decide the present suit is barred. He urged that the plaintiff has no right to exploit the minerals in quarry No. 377 as the minerals belong to the State, that the right has been given by the Rules (statute) and remedies have also been provided therein and as the Rules are complete code by themselves, jurisdiction of ordinary civil court cannot be invoked. Learned counsel further submitted that if the plaintiff was aggrieved by allotment of quarry No. 377 to defendant No. 3, he should have pursued his remedy, provided by way of appeal and revision under rr. 43 and 60 of the Rules respectively and since he has failed to avail of the remedies, provided under the Rules, he cannot invoke the jurisdiction of the civil court. In support of his arguments be placed reliance on Hevilee vs. London "Express" Newspaper Limited (1), Secretary of State vs. Mask & Co. (2), V. Ped-darangaswami vs. The State of Madras (3), The Premier Automobiles Ltd. vs. K. S. Wadke (4) and Bata Shoe Co. Ltd. vs. Jabalpur Corporation (5).