Rajasthan HC observes, Article 226 petition against Trial Court Order not maintainable when appellate remedy already available

Rajasthan high court Law Insider

Munmun Kaur

Published On: January 24, 2022 at 11:46 IST

Recently, the Rajasthan High Court observed that a Writ Petition against rejection of an Injunction Application by the Trial Court shall not be maintainable under Articles 226 and 227 of the Constitution.

The observation was made by Justice Dinesh Mehta while dealing with a Writ Petition filed against an Order of the Trial Court, which had rejected the Injunction Application moved by the Petitioners under Section 212 of the Rajasthan Tenancy Act, 1955.

Justice Dinesh Mehta observed that the Rajasthan Tenancy Act of 1955 provides for remedies before the appellate authority with regards to the rejection of the Injunction application by the Trial Court. Therefore, the Petitioners are required to avail the remedy of Appeal available to them in accordance with the Law, before rushing to the High Court.

Advocate Ravinder Singh Champawat appearing for the Petitioners had contended that the Tehsildar (one of the respondents) is going to dispossess them.

Considering the facts and the availability of the remedy of the appellate authority under the Rajasthan Tenancy Act 1955, the High Court refused to entertain the petition and dismissed the same. Although, the Court said that the Petitioners are allowed to avail the other legal remedies available under the Rajasthan Tenancy Act, 1955.

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