CW 13982/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.13982/2008 Smt. Sitara Begum Versus State & Others. Date of Order ::: 08/05/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Banwari Sharma, for petitioner Mr. Jitendra Singh for respondent No.3 Matter has come up on application U/Art.226(3) of the Constitution seeking vacation of interim order dt.16/12/08. At request, matter has been finally heard for disposal at admission stage. Instant petition is directed against order dt.19/09/08 (Ann.3) passed by respondent- Bank in exercise of powers U/s 99 of Rajasthan Co-operative Societies Act, 2001 while raising demand against petitioner – pursuant to which, consequential order was also issued for making necessary recovery since recovery despite notice was not met out hence auction proceedings were also initiated for settling of outstanding loan account (Ann.6). Since orders challenged herein were reviseable U/s 107 of the Act, 2001, revision petition has been filed by petitioner as referred to in para 12 of instant petition which is pending before the Revisional authority. CW 13982/08 //2// This Court while issuing notice passed ex parte order on 16/12/2008 that meanwhile in case petitioner deposits Rs.25,000/- within one month, operation of auction notice dt.02/11/2008 shall remain stayed. While submitting application seeking vacation of ex parte order (supra), Counsel for respondent NO.3 submits that once revision petition has been preferred by petitioner, he cannot be permitted to take parallel proceedings by way of instant petition before this Court U/Art.226 of the Constitution. Counsel for petitioner submits that revision petition is pending but in absence of interim relief being passed by authority it would cause prejudice to her. Once alternative statutory remedy of revision has been availed of, this Court is not inclined to exercise discretionary remedy to be availed U/Art.226 of the Constitution. It is also not the case of petitioner that issues raised herein are not within competence of revisional authority. As regards prayer for interim relief, there is a provision U/s 107(2) for grant of interim relief and if such an application is filed by her seeking interim relief pendente CW 13982/08 //3// revision petition, it is expected from revisional authority to passed appropriate orders thereon in accordance with law. Consequently writ petition stands dismissed and accordingly application U/Art.226 (3) of the Constitution is allowed and interim order dt.16/12/08 stands vacated. No costs. (Ajay Rastogi), J. K.Khatri/p.3/13982CW08May08.doc