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'Writ Petition Against Rejection Of Temporary Injunction By Trial Court Not Maintainable Under Art 226, Avail Appellate Remedy': Rajasthan High Court

ANIRUDH VIJAY
22 Jan 2022 8:01 AM GMT
Writ Petition Against Rejection Of Temporary Injunction By Trial Court Not Maintainable Under Art 226, Avail Appellate Remedy: Rajasthan High Court
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The Rajasthan High Court has observed that writ petition against rejection of temporary injunction application by trial court is not maintainable under Articles 226 and 227 of the Constitution. Justice Dinesh Mehta, observed, "A writ petition against rejection of TI application by the trial Court is not maintainable under Articles 226 and 227 of the Constitution, as a hierarchy...

The Rajasthan High Court has observed that writ petition against rejection of temporary injunction application by trial court is not maintainable under Articles 226 and 227 of the Constitution.

Justice Dinesh Mehta, observed, "A writ petition against rejection of TI application by the trial Court is not maintainable under Articles 226 and 227 of the Constitution, as a hierarchy of appellate authorities have been provided in the (Rajasthan Tenancy) Act of 1955".

In the present matter, the petitioners had instituted a suit for declaration of rights under Section 88 along with an injunction application under Section 212 of the Rajasthan Tenancy Act 1955. The same was however rejected by the trial Court vide order dated 29.12.2021.

Aggrieved by the said order of trial court, the petitioner has challenged the same by way of writ petition.

The court opined that the petitioners are required to avail remedy of appeal available to them in accordance with law.

The court further observed that the petitioners shall be free to avail remedy available under the Rajasthan Tenancy Act, 1955.

The court noted that instead of availing the remedies before the Appellate Authority, the petitioners have directly rushed to this Court inter alia with the assertion that the respondent - Tehsildar is going to dispossess them.

Case Title: Tej Singh and Ors. v. The State of Rajasthan and Ors. 

Citation: 2022 LiveLaw (Raj) 25

Click Here To Read/Download Order


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