FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS WP/6997/2010 With CA/16876/2010 MURLIDHAR BABAN HARDE V/S THE STATE OF MAHARASHTRA AND ORS ... Shri P.R.Adkine, Advocate h/f Shri K.C.Sant, Advocate for petitioner and Smt. A.V.Gondhalekar, AGP for respondents ... CORAM : D.B.BHOSALE & S.B.DESHMUKH, JJ. Dated ; June 16, 2011 ... 1. Heard learned counsel for the parties. 2. In this Writ Petition, the petitioner is seeking following relief : " (B) By issue of Writ of Mandamus or any other Writ, Order or Direction in the nature of Mandamus, the respondents may kindly be directed to refund the amount of Rs.22,70,480/- (Rs. Twenty Two Lac Seventy Thousand Four Hundred Eighty only) with interest at the rate of 18% Per Annum to the petitioner within a stipulated period." 3. The State has opposed the prayer made in the Writ Petition by filing two affidavits dated 19.10.2010 and 4.5.2011. Apart from the fact that the prayer, as made in the Writ Petition, cannot be granted in Writ jurisdiction under Article 226 of the Constitution of India and that the petition / reply affidavits raise several disputed questions of facts, the petitioner has alternate remedy of appeal, as stated in paragraph No. 10 of the reply dated 4.5.2011 and of Civil Suit. Hence we are not inclined to entertain this petition. FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS (2) WP/6997/2010 4. Writ Petition is dismissed. 5. In view of the dismissal of the Writ Petition, Civil Application does not survive and accordingly stands disposed of. (S.B.DESHMUKH, J.) (D.B.BHOSALE, J.) akl