[2025:RJ-JP:26534] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1924/2022 Ganesharam Choudhary Son Of Late Shri Kajodaram, Aged About 62 Years, Permanent Resident Of Vp Tajsar, At Present Resident Of Plot No. 110, Himmat Nagar, Tonk Road, Jaipur Through Power Of Attorney Holder Surendra Jakhar Son Of Shri Baldevaram Jakhar, Resident Of Plot No. 110, Himmat Nagar, Tonk Road, Jaipur (Rajasthan) ----Petitioner Versus Rambabu Son Of Late Shri Radhey Lal, Resident Of Plot No. 112, 6, Himmat Nagar, Tonk Road, Jaipur. ----Respondent For Petitioner(s) : Mr. Prahlad Sharma For Respondent(s) : HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 16/07/2025 1. The present writ petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 12.11.2021 passed by learned Additional Civil Judge & Metropolitan Magistrate No.2, Jaipur Metro-I, whereby the application filed by the petitioner for appointing the 'Mauka Commissioner' in the matter, was dismissed. 2. Learned counsel for the petitioner submits that the respondent has carried out constructions without leaving the requisite setback, and in such circumstances, the appointment of a 'Mauka Commissioner' is necessary to place the actual position on record, which would further assist the Court in rendering a just [2025:RJ-JP:26534] (2 of 2) [CW-1924/2022] and proper decision. Therefore, the order of the learned Trial Court dated 12.11.2021 may be quashed & set aside and a 'Mauka Commissioner' be appointed to inspect the site and prepare report of prevailing situation. 3. I have perused the impugned order dated 12.11.2021 passed by the learned Trial Court as well as para number 7 of the plaint. A copy of the plaint has also been submitted by the plaintiff. 4. The learned Trial Court, upon due consideration of all relevant facts and pleadings, has rightly observed that a 'Mauka Commissioner' cannot be appointed merely for the purpose of collecting the evidence. Therefore, the learned Trial Court has rightly dismissed the application filed by the petitioner. 5. The learned Trial Court, after considering all the facts, has passed a reasoned order, which is just & proper. No illegality, infirmity or error has been committed by the learned Trial Court in the aforesaid order. Hence, there is no scope for interference in the aforesaid order under the limited writ jurisdiction under Article 227 of the Constitution of India. 6. Consequently, the present writ petition is dismissed. 7. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAURABH /79