Alok Sharma, J. - (1.) FROM the reply to the petition at the instance of the private respondents it transpires that the petitioners have filed a suit for declaration before the Court of Additional District Judge, Makrana with reference to Rule 64 of the Minor Mineral Concession Rules, 1986 (hereinafter 'the Rules of 1986'). Thus having availed the alternative remedy and in view of the fact that the issue sought to be agitated in the writ petition is a grossly disputed question of fact pertaining to succession, I would be disinclined to entertain the petition in the exercise of power of this Court under Article 226 of the Constitution of India. The petition to my mind is not thus maintainable.
(2.) ACCORDINGLY dismissed. The petitioners shall however be free to agitate their suit pending before the Additional District Judge, Parbatsar. It is expected that the suit shall be decided expeditiously by the Addl. District Judge, Parbatsar strictly in accordance with law on the basis of evidence laid before her.;