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When appellate remedy is available, petition via Article 226 against trial court order is not maintainable: Rajasthan High Court

The High Court of Rajasthan, through learned judge, Justice Farjand Ali in the case of Tej Singh and Others v. State of Rajasthan and Others (S.B. Civil Writ Petition No. 982/2022) held that when appellate remedy is available, petition via Article 226 against trial court order not maintainable

BRIEF FACTS OF THE CASE: The petitioners 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 was rejected by the trial Court. Through this writ petition, the petitioners challenged the order passed by SDO, Jaisalmer (trial court) in petitioners’ injunction application filed under Section 212 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the ‘Act of 1955’). 

FINDINGS OF THE COURT: The court observed that instead of availing the remedies before the Appellate authority, the petitioners had directly rushed to this Court interalia with the assertion that the respondent – Tehsildar is going to dispossess them. The court held that the writ petition against rejection of TI application by the trial Court was not maintainable under Articles 226 and 227 of the Constitution, as a hierarchy of appellate authorities had been provided in the Act of 1955. The court further remarked that the petitioners are required to avail remedy of appeal available to them in accordance with law.

JUDGEMENT REVIEWED BY – AMRUTHA K

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