1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5112 OF 2009 Smt. Pratibha w/o Pradip Ghanekar, R/o-Sai Vihar, Shivneri Nagar, Vlkanagari, (Garkheda Parisar), Aurangabad. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through its Secretary Co-operative Department, Mantralaya, Mumbai-400 032, 2) The Divisional Joint Registrar, Co-operative Societies, Adalat Road, Aurangabad. 3) The Taluka Dy. Registrar, Co-operative Societies, Aurangabad, 4) The Manager, Adarsh Mahila Nagari Sahakari Bank Ltd., Shrijyoti Colony, N-6, CIDCO, Aurangabad, 5) The Special Recovery Officer, Adarsh Mahila Nagari Sahakari Bank Ltd., Shrijyoti Colony, N-6, CIDCO, Aurangabad, 6) Amar s/o Ashok Deshmane, C/o- Adarsh Mahila Nagari Sahakari Bank Ltd., Shrijyoti Colony, N-6, CIDCO, Aurangabad, ...RESPONDENTS. 2 ... Mr.V.L. Dhoble Advocate for Petitioner. Mrs. S.S. Autade, A.G.P. for Respondent Nos.1 and 2. Mr.M.R. Chhallani Advocate for Respondent Nos.4 and 5. ... CORAM: K.K. TATED, J. DATE : 21ST AUGUST, 2009. PER COURT : 1. Heard Mr. Dhoble learned counsel for the Petitioner, Mrs. Autade, learned A.G.P. for Respondent Nos. 1 and 2, and Mr. Chhallani, learned counsel for Respondent Nos. 4 and 5. 2. By this Petition under Article 227 of the Constitution of India, the Petitioner is challenging the action taken by Respondent Nos. 4 and 5 for recovery of the loan amount. After obtaining certificate under Section 101 of the Maharashtra Co-operative Societies Act, Respondent Nos. 4 and 5 followed due process of law and held auction of the suit flat. In the auction, Respondent Nos. 4 and 5 sold the flat to Respondent No.6 and executed necessary documents. In the present 3 Petition the Petitioner is praying following reliefs: " (A) This Petition may kindly be allowed. (B) Record and proceedings may kindly be called for; (C) Pending hearing and final disposal of this writ petition, the act of the Respondents no.4 and 5 to confirm the auction and sale dated 04.07.2009 may kindly be stayed. (D) The confirmation of the auction and sale proceeding of the petitioner's property by the respondent no.4 and 5 dated 04.07.2009 may kindly be declared as bad in law and same may be quashed and set aside, (E) Recovery proceedings against the petitioner in view of claim no.255/06 may kindly be declared as bad in law, (F) The respondent no.1 may kindly be direct to hold the inquiry of the recovery proceeding of respondent bank and submit the report before this Hon'ble High Court for judicial 4 scrutiny. (G) Any other suitable relief may kindly be granted in favour of the Petitioner." 3. In any case, in Writ Petition under Article 227 of the Constitution of India, these reliefs cannot be considered as alternate remedy is available to the Petitioner. Writ Petition is dismissed with no order as to the costs. [K.K. TATED, J.] asb/JULY09/wp5112.09