1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3128 OF 2009 Chandrakant s/o Asaram Zambre, Age: 48 years, Occ: Agri., R/o. Bamnod, Tq. Yawal, District Jalgaon & Ors. .. Petitioners Versus The Chairman/Manager of Bamnod Co-operative Credit Society Ltd., Bamnod, Tq. Yawal, Dist. Jalgaon & Anr. .. Respondents ... Mr. P.B. Patil, Advocate for petitioners. Mr. Santosh Bhosle, Advocate holding for Mr. H.S. Bedi, Advocate for Respt. Nos.1 & 2. ... CORAM : K.K. TATED, J. DATE : 24TH SEPTEMBER, 2009. PER COURT : 1. Heard learned Counsel for the petitioners and learned Counsel for the respondents. 2. By this petition under Articles 226 and 227 2 of the Constitution of India, the petitioners are challenging the attachment order dated 11-05-2009 passed by respondent No. 2 in recovery notice Nos. 172, 175, 176, 177, 178, 181, 183 and 185. 3. It is the case of the petitioners that the respondents instead of attaching their agricultural land, issued recovery notices for attaching their residential premises which is against the law. 4. In the present Writ Petition, respondent Nos. 1 and 2 filed their affidavit in reply dated 10-06-2009 and raised objection about maintainability of Writ Petition. It is the case of the respondents that in the present Writ Petition, the petitioners challenge process of execution of 7 different recovery certificates issued under Section 101 of the Maharashtra Co- operative Societies Act, 1960 by Assistant Registrar, Yawal District Jalgaon and one 3 judgment delivered by Judge, Co-operative Court, Jalgaon in Case NO. 927/2006 dated 16-02-2008. 5. Learned Counsel appearing on behalf of the respondents submitted that present Writ Petition is hit by mis-joinder of causes of action. It is clear that the petitioners challenge seven different recovery certificates under Section 101 of the said Act and judgment delivered by the Judge, Co-operative Court, Jalgaon in Case No. 927/2006. 6. Instead of going into the merits of the present Writ Petition, present Writ Petition is liable to be dismissed on the ground of mis- joinder of cause of action. Apart from that, learned Counsel appearing on behalf of the respondents state that alternative remedy is available to the petitioners under Section 154 of the Maharashtra Co-operative Societies Act, 1960. In support of his submissions, learned Counsel appearing on behalf of the respondents 4 relied on following judgments. (1) Dilip s/o Devaji Yenorkar vs. Divisional Joint Registrar, Co-operative Societies, Nagpur and others, 2009(5) Mh.L.J. 165. (2) Sau. Vasundhara Ashokrao Patil vs. Rajaram Bapu Sahakari Bank Ltd. and others, 2003(4) Mah. L.R. 68. (3) Uttaranchal Forest Development Corpn. and another vs. Jabar Singh and others (2007) 2 Supreme Court Cases, 112. 7. Writ Petition is dismissed on the ground of mis-joinder of cause of action and alternative remedy available under Section 154 of the said Act. [ K.K. TATED, J.] sut/SEP09/wp3128.09