1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETTION No. 4040/2010 BHANDARA ZILLA PARISHAD AND PANCHAYAT SAMITI KARMACHARI SAHAKARI SNASTHA ..VS.. STATE OF MAH AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.S.Talmale advocate for petitioner Shri Anand Deshpande AGP for respondent no.1 & 2 Shri A.M. Ghare, advocate for respondent no.3 CORAM : SMT. VASANTI A. NAIK & P.B. VARALE, JJ. DATE : JUNE 14, 2011. Heard Shri Talmale for the applicant, Shri Ghare for respondent no.3 and Shri Deshpande, the learned AGP for respondent no.1 & 2. According to the petitioner, it had borrowed a loan from the Bhandara District Central Cooperative Bank for financing the loan amount to the members of the petitioner – Sanstha and respondent no.3 Gondia Zilla Parishad and Panchayat Samiti Karmachari Sahakari Sanstha. It is the case of the petitioner that the respondent no.3 had agreed to repay the amount of Rs.1,38,22,089/- by monthly installment of Rs.20,00,000/-. Though the respondent no.3 paid an amount of Rs.5,00,000/- to the bank, the respondent no.3 failed to repay the remaining amount. Hence the petitioner has filed this petition seeking the following reliefs: (a) To direct the respondent no.2 for performance his duties as per Annexure 5 dated 15.4.2010 against the 2 respondent no.3 by issuance of suitable direction or Writ of Mandamus. (b) To direct the respondent no.3 to pay remaining amount agreed as Resolution No.2, dated 10.10.2009(Annexure -2A). The writ petition is liable to be dismissed as the reliefs claimed by the petitioner cannot be granted by this court in exercise of the writ jurisdiction. As rightly submitted by the counsel for the respondents the petitioner has an alternate remedy of filing a dispute under section 91 of the Maharashtra Cooperative Societies Act or it can file a civil suit for recovery of the amount from the respondent no.3. Hence the petition is dismissed with no order as to costs. JUDGE JUDGE SMP