[2025:RJ-JP:15886] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 71/2024 Gram Panchayat Mahanandpur, Through Its Administration Gram Panchayat. ----Petitioner Versus 1. Gudiya Meena Wife Of Premraj Meena, Aged About 22 Years, Resident Of Khidarpur, Tehsil Wajirpur, District Sawai Madhopur (Raj.). 2. Development Officer, Panchayat Samiti Gangapurcity. 3. Chief Medical And Health Officer, Sawai Madhopur. 4. District Collector, Sawai Madhopur. ----Respondents For Petitioner(s) : Mr. Anil K. Sharma, Adv. For Respondent(s) : None Present HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 09/04/2025 This civil revision petition has been filed by the petitioner- defendant No.1 (for short ‘the defendant No.1’) under Section 115 CPC against the order dated 19.10.2023 passed by Additional Civil Judge No.1, Gangapurcity in C.S. No.61/2023 whereby the application filed by the defendant No.1 under Order 7 Rule 11 read with Section 151 CPC has been dismissed. Learned counsel for the defendant No.1 submits that respondent No.1-plaintiff (for short ‘the plaintiff) filed a suit for mandatory and permanent injunction against the defendants. Learned counsel for the defendant No.1 also submits that defendant No.1 filed an application under Order 7 Rule 11 CPC [2025:RJ-JP:15886] (2 of 3) [CR-71/2024] before the trial court as no cause of action accrued to the plaintiff for filing of the present suit because earlier the plaintiff filed S.B Civil Writ Petition No.16017/2022 before this Court, which was dismissed as withdrawn vide order dated 04.11.2022 with liberty to file an appeal before the Appellate Authority. Learned counsel for the defendant No.1 further submits that instead of filing the appeal before the appellate authority, the plaintiff filed a civil suit which was not maintainable. In this view of the matter, the defendant No.1 filed an application under Order 7 Rule 11 CPC, but the trial court has wrongly dismissed the application filed by the defendant No.1. So, order dated 19.10.2023 passed by the trial court be set aside. Despite service of notice, none has appeared on behalf of the plaintiff(s). I have considered the arguments advanced by learned counsel for the defendant No.1 and perused the impugned order. It is an admitted position that plaintiff filed S.B civil writ petition No.16017/2022 before this Court seeking appointment for the post of Asha Sahyogini. The said writ petition was dismissed as withdrawn by this court vide order dated 04.11.2022 with liberty to file an appeal before the Appellate Authority. As per the Circular No.P11(3)10(M./ICDS/2011/150819 Jaipur, dated 09.11.16 issued by the Government of Rajasthan, for any grievance regarding selection/appointment on the post of Asha Sahyogini, the appeal shall lie before the appellate authority. In this view of the matter, the plaintiff withdrew the writ petition with liberty to file an appeal before the Appellate Authority but instead of filing the appeal before the Appellate Authority, the [2025:RJ-JP:15886] (3 of 3) [CR-71/2024] plaintiff filed the suit. So, in my considered opinion, the trial court had committed an error in dismissing the application filed by the defendant No.1. So, petition filed by the defendant No.1 deserves to be allowed. Accordingly, petition filed by the defendant No.1 is allowed. The order dated 19.10.2023 passed by the trial Court is set aside and suit filed by the plaintiff is dismissed for want of cause of action. Pending application(s), if any, stand, disposed of. (NARENDRA SINGH DHADDHA),J AVINASH GULERIA /106