1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4686 OF 2008. Dr.Arun Bansikumar Chhajed ... Petitioner. Versus Dr.Shamkant Dattatraya Gambhir and others ... Respondents. ... Mr.S.P.Shah, advocate for the petitioner. Mr.Mukul Kulkarni, advocate for Respondent Nos.1 and 2. ... CORAM : V.R.KINGAONKAR,J. Date : 17.06.2009. PER COURT 1. Heard. 2. The dispute relates to a plot which was originally allotted to deceased Dattatraya Gambhir as a member of the Cooperative Housing Society styled as "Saraswati Cooperative Housing 2 Society". The petitioner alleges that said Dattatraya Gambhir surrendered his membership in the month of March 1995 and, therefore, the Cooperative Society by a valid Resolution, allotted the said plot to him. His name was subsequently mutated in 2004. By that time, said Dattatraya Gambhir died in 1999 and names of his two sons as L.Rs. were recorded in the concerned revenue record as holders of the said plot. The Cooperative Housing Society lateron forwarded its Resolution of dated 3l.3.1995 and 3l.5.2004 and requested to enter the name of the petitioner instead of deceased Dattatraya Gambhir. The request was acceded to by the concerned Revenue Officer vide mutation entry No.21415 dated 18.8.2004 as well as M.E.No.21416. The Respondent Nos.1 and 2 challenged the mutation entry by filing an appeal (RTS) Appeal No. 62/2004. Their appeal was allowed. The further revisions preferred by the petitioner came to be dismissed by the authorities including the Additional Commissioner vide RTS Revision Application No.198/2007. There are three authorities who have concurrently rendered 3 findings against the petitioner. 3. Mr.Shah S.P. learned advocate would submit that surrender of the membership by the deceased member i.e. Dattatraya Gambhir is duly corroborated by the record. He would submit that the original share certificate of deceased Dattatraya Gambhir is in the custody of the Cooperative Society. He would submit that the membership contribution is refunded to deceased Dattatraya Gambhir but such record has not been properly considered by the authorities concerned. There is a dispute about legal membership. It further appears that the Cooperative Housing Society was under prohibitory orders to effect any change of the statusquo position in respect of some other member. It is further clarified that mere revenue entry would not debar the petitioner from claiming his rights if the same are legally permissible. 4. In view of the fact that the petition raises disputed questions of facts and that there are three concurrent findings rendered by the 4 Tribunals, I find it difficult to entertain the petition. The petitioner is at liberty to agitate his grievances before the appropriate forum in respect of his right to claim membership and the plot in question. Considering these aspects, the petition is dismissed. All the questions are kept open if the petitioner seeks to avail remedy available under the law. (V.R.KINGAONKAR,J.) asp/office/wp468608