(1) IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. Civil Writ Petition No.7686/2008. (Rameshwar Lal Vs. State of Rajasthan & Others) DATE OF ORDER : September 25, 2008 P R E S E N T Hon'ble Mr. Justice Gopal Krishan Vyas _______________________________ Mr. Sanjeet Purohit for petitioner. BY THE COURT : In this writ petition, the petitioner has prayed for quashing Annex.-7 dated 20.07.2007. Further, it is prayed that respondents may be directed to settle loan account of the petitioner in proper and sympathetic manner while adjusting the amount already deposited as well as while adjusting the amount of FDR as well as interest in the main loan account. Upon perusal of the writ petition, it is abundantly clear that for the same relief, earlier two suits were filed which are still pending in the civil Court. In my opinion, when the petitioner has approached the civil Court for redressal of his grievance, (2) then, this writ petition is not maintainable. Learned counsel for the petitioner submits that his client was wrongly advised to file civil suit, therefore, if this Court permits then he will withdraw those civil suits and, in that event, this writ petition may be entertained. I have carefully gone through this petition, more specifically Annex.-7. Vide Annex.-7 dated 20.07.2007, the Recovery Officer of the respondent Bank has proceeded with the matter after rejection of the writ petition filed by the petitioner before this Court. The said writ petition was filed by the petitioner against the order passed upon application under Order 39 Rules 1 and 2, read with Section 151, C.P.C. in the civil suit by the learned Civil Judge (Jr. Dn.) whereby, learned Civil Judge rejected the application filed by the petitioner on the ground that there is remedy available to the petitioner under the Rajasthan Cooperative Societies Act, 1965 and amended Rajasthan Cooperative Societies Act, therefore, the civil suit is barred. The said reason for rejection of the application under Order 39 Rules 1 & 2, C.P.C. was upheld upto this Court in the writ petition filed by the petitioner being S.B. Civil Writ Petition No.235/2004 and, in the judgment dated 16.04.2007, it was specifically held that (3) the petitioner has remedy under the Rajasthan Cooperative Societies Act, 1965 and amended Cooperative Societies Act, 2001, therefore, civil suit is barred. But, after the aforesaid judgment, when another show-cause notice was issued to the petitioner, then, again second suit was filed by the petitioner knowingly well that in his writ petition filed before the High Court, it is already held that remedy before the civil Court is not available and the petitioner can avail remedy under the Rajasthan Cooperative Societies Act. But, ignoring the said judgment, the petitioner again approached the civil Court; and, now, he is making the prayer before this Court that if this Court is pleased to entertain this writ petition, then, he will withdraw the suit filed before the civil Court. In my opinion, the petitioner is not approaching the proper forum provided under the Rajasthan Cooperative Societies Act, then, it is not proper to entertain such type of writ petition. The judgment cited by the petitioner is not at all relevant for the purpose of deciding the present controversy. Consequently, this writ petition is hereby dismissed. (Gopal Krishan Vyas) J. Ojha, a.