1 wplod597-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION LOD.NO.597 OF 2011 Joy Homes Cooperative Housing Society Ltd. .. Pettioner Versus The Municipal Corporation of Gr. Mumbai and Ors. .. Respondents Mr.Indraprakash i/b. C.K.Tripathi for petitioner Mr.Anuj Narula with A. Dasgupta i/b. J.Narula & Associates for respondent No.2 Ms.T.Puranik for respondent No.1. Mr.S.R.Sawant, Ward Officer present CORAM : S.C.DHARMADHIKARI, J. 4th October 2011. P.C.: 1] It is clear from the conflicting and contradictory statements that are being made that the petitioners have failed to pay the amounts which have been mentioned in the order dated 19th September 2011. Ms.Puranik appearing for Municipal Corporation and the Assessor and Collector of the subject ward, on instructions, makes a statement that none of the parties viz., the petitioners or newly added respondents have paid any monies which are to be paid towards recovery of property tax. It 2 wplod597-11.doc is clear that inter se disputes and the issues or controversy regarding whether the builder is liable for the dues or the society cannot be resolved in writ jurisdiction. It was earlier also made clear to the learned Counsel appearing for petitioner that this forum cannot be chosen for resolving inter se disputes. If the flat purchasers who have organised themselves in a cooperative housing society are aggrieved by the fact that the builder – developer has taken money for payment of property tax but has not paid the same nor is he accounting the same or individual flat purchasers are in arrears of the payment of property tax, then, forum for resolution of such disputes lies elsewhere. If the levy, assessment and recovery itself is under challenge, even then, on account of disputed question of facts, this court is unable to entertain the said challenge in writ jurisdiction. The petition is misconceived and, therefore, dismissed accordingly. No costs. (S.C.DHARMADHIKARI, J)