WP.1026/2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1026 OF 2010 Rusi Irani & Ors. ...Petitioners. Versus The TATA Mills Co-Operative Housing Society Limited & Ors. ....Respondents. ---- Mr. Rusi Irani, Petitioner No.1 in person. Mr. Prashant Naik, for Respondent No.1. Mr. A.B. Ketkar, AGP for Respondent Nos.2 to 5. ---- CORAM : MOHIT S. SHAH, C.J. AND S.C. DHARMADHIKARI, J. DATE : 19th JULY, 2010. P.C. 1] In this petition under Article 226 of Constitution of India, the petitioners, who are members of respondent no.1-The Tata Mills co- operative Housing Society Ltd., have prayed for writ of mandamus to direct the State of Maharashtra, the Dy. Registrar of co-operative Societies and other officers of the department of co-operative societies to look into the complaint in respect of alleged malfunctioning and alleged abuse of power by the members of the committee of respondent 1 WP.1026/2010 no.1-society, and also to issue further directions to the respondents to refund the allegedly excess amount collected from 1992 on wards from the members of respondent no.1- society. 2] Learned counsel for respondent no.1-society and the State submit that although the petitioners have drafted the prayer to take action to issue the writ of mandamus against the respondents- authorities, the petitioners have essentially raised disputes between the petitioners and respondent no.1-society for which the appropriate remedy is available to the petitioners under section 91 of the Maharashtra Co-Operative Societies Act, 1960 before the Co-Operative Court. 3] Petitioner no.1 in person present in court submits that the grievances of the petitioners better be examined by the Registrar. 4] Since the alleged irregularities are not admitted by the Co- Operative Society, we do not go into the disputed questions sought to be raised in the petition. The petition is, therefore, dismissed only on the ground that the alternate remedy is made available to the petitioners to resolve the disputed question. CHIEF JUSTICE S.C. DHARMADHIKARI, J. 2