CW 12113/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.12113/2008 Shyam Sunder TapariyaVersus State & Ors. Date of Order ::: 18/03/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Dharmendra Jain, for petitioner Dr. Rijwan Ahmed, for respondent No.3 Mr. Peush Nag for respondent, Matter has come up on application U/Art.226(3) OF Constitution seeking vacation of order dt.17/11/2008 of this Court for maintaining status quo in regard to the park in question. Counsel for petitioner submits that after the reply to instant petition has been filed, the question raised herein has certainly been made disputed, which this Court may not like to examine in its limited jurisdiction of judicial review U/Art. 226 of the Constitution – in view whereof, on instructions, Counsel submits that petitioner may be permitted to approach the Divisional Commissioner being competent authority to adjudicate such nature of disputed questions but has made further request that interim order dt.17/11/08 granted by this Court may be allowed to continue for two weeks so that he may file application before Divisional Commissioner for appropriate order as regards interim relief, as well. CW 12113/08 //2// Per contra, Counsel for respondents submits that it is for the petitioner to choose remedy available under law but the stay order granted by this Court should not be continued any further. Even, from pleadings having come on record, question raised herein for consideration has certainly been made disputed and this Court would not like to examine under its limited jurisdiction U/Art.226 of the Constitution but at the same time, if stay order is not continued for two weeks as prayed for, that would cause prejudice to him in availing remedy under law. In view of alternative remedy available to the petitioner under law, as prayed for by Counsel for petitioner, present writ petition is not maintainable and this Court is not inclined to entertain instant writ. Consequently, writ petition fails and is hereby dismissed as prayed for with the liberty to petitioner to avail of remedy under law. However, interim order dt.17/11/08 is allowed to continue for further two weeks. No costs. (Ajay Rastogi), J. K.Khatri/p.2/12113CW08Mr18RdySty.doc