The Rajasthan High Court pronounced that the writ petition against the rejection of an injunction application by trial court shall not be maintainable as per Articles 226 & 227 of the Constitution.
A single-judge bench of Justice Dinesh Mehta, while hearing a writ petition moved by a group of petitioners against the trial court’s order rejecting the injunction application filed under Section 212 of the Rajasthan Tenancy Act, 1955, noted that the above-mentioned act already provides remedies before the appellate authority with regard to injunction application by the trial court.
The Court said that despite the availability of remedial measures, the petitioners directly rushed to the High Court seeking remedy in the writ jurisdiction, which can’t be allowed. Also, the court underlined the fact that the petitioners instead of availing the remedies before the appellate authority rushed to the High Court inter alia contending that the Tehsildar, who is among the respondents, is going to dispossess them.
Considering the above-mentioned circumstances, the High Court refused to entertain the petition & dismissed the same. However, the Court pointed out that the petitioners will be at liberty to avail the legal remedy available under the Rajasthan Tenancy Act, 1955.
