HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14063/2014 Ghanshaym Kumhar S/o Shri Douji Raj Kumhar, R/o Anah Gate, Bahar, Bharatpur (Rajasthan) ----Petitioners Versus 1. State of Rajasthan through Department of Urban Development and Housing through It’s Secretary, Government Secretariat, Jaipur (Rajasthan) 2. Municipal Corporation Bharatpur, Through Its Chief Executive Officer Bharatpur, (Rajasthan) 3. Divisional Commissioner, Bharatpur (Rajasthan) 4. District Collector, Bharatpur (Rajasthan) 5. 6. Tehsildar, Bharatpur (Rajasthan) Chief Health And Medical Officer, Department of Health, District Bharatpur (Rajasthan) 7. Bhoop Singh Son Of Late Shri Daujiram, Resident Of Outside, Anah Gate, Bharatpur (Raj.) 8. Balo Son Of Late Shri Daujiram, Resident Of Outside, Anah Gate, Bharatpur (Raj.) 9. Sher Singh Son Of Late Shri Daujiram, Resident Of Outside, Anah Gate, Bharatpur (Raj.) 10. Smt. Ramvati Wife Of Late Shri Jaggo Son Of Late Shri Anti Ram, Resident Of Outside, Anah Gate, Bharatpur (Raj.) 11. 12. Ram Kumar Son Of Late Shri Jaggo, Resident Of Outside, Anah Gate, Bharatpur (Raj.) Ajay Son Of Late Shri Jaggo, Resident Of Outside, Anah Gate, Bharatpur (Raj.) 13. 14. Lakhan Son Of Late Shri Jaggo, Resident Of Outside, Anah Gate, Bharatpur (Raj.) Chhail Bihari Singh S/o Late Rugani Singh, House No. 31- 32 Near Bus Stand, Subhash Nagar, Bharatpur (Rajasthan) ----Respondents For Petitioner(s) : Mr. Manoj Bhardwaj (2 of 3) [CW-14063/2014] For Respondent(s) : Ms. Gunjan Chawla Ms. Priyamwada Singh Mr. Harshit Parashar for Mr. Neeraj Batra-G.C. Mr. Kapil Sharma for Mr. Sandeep Mathur JUSTICE ANOOP KUMAR DHAND Order 20/05/2025 1. By way of filing this writ petition, the petitioner is seeking direction against the respondents to demark the land. 2. Counsel for the respondents apprised this Court that seeking similar prayer, the petitioner along with others, filed a suit for declaration and injunction before the Court of Additional Senior Civil Judge No. 2, Bharatpur. However, the same was rejected vide judgment and decree dated 30.11.2023 against which the appeal under Section 96 of CPC was preferred before the Court of District Judge, Bharatpur but the same was also rejected, and now the second appeal has been preferred against the aforesaid judgment before this Court. 3. In the considered opinion of this Court, when the petitioner has availed the alternative remedy of filing civil suit before the Civil Court and remained unsuccessful before the trial Court as well as the Appellate Court, he cannot be allowed to re-agitate the issue in the instant petition. The petitioner may raise all the available grounds, which have been raised before this Court in the second appeal which is pending before the Appellate Court. 4. The present writ petition stands disposed of, accordingly. (3 of 3) [CW-14063/2014] 5. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/118