1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No. 5419 of 2007 ( V.G. Lohkare and another .vs. District Dy. Registrar, Co-op. Society, Wardha ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= .......... CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATED : APRIL 2, 2009 Heard Mr. D.C.R. Mishra, learned counsel for the petitioners, Mr. N.W. Sambre, learned Government Pleader for respondents no.1 to 3 and Mr. N.N. Motghare, learned counsel for respondent no.4. By this petition, the petitioners seek following reliefs:- “a) to direct the respondents No. 1 to 3 to take appropriate action in the matter of releasing the arrears of pension in favour of the petitioners as per rules; b) to direct the respondent no.3 to release the arrears of payment due to Shri Gorakhnath s/o Baliram Lohkare till his death as per the shares mentioned in succession certificate issued in Succession Case No. 143/2001 and further hold and declare that, the petitioners are also entitled jointly to receive the share of her grand-mother i.e. applicant No.4 in the said 2 case; c) to grant any other relief which this Hon'ble Court may deems fit and proper in the interest of justice.” According to Mr. Sambre, learned Government Pleader, the petitioners have an efficacious alternate remedy under Section 15 of the Administrative Tribunals Act, 1985 and the petitioners are entitled to file an application under Section 15 of the Act before the Nagpur Bench of Maharashtra Administrative Tribunal to seek the reliefs sought for in the petition. Mr. Mishra, learned counsel for the petitioners seeks leave to withdraw the writ petition with liberty to file appropriate application along with an application for condonation of delay within a period of four weeks before the Nagpur Bench of Maharashtra Administrative Tribunal. Leave granted. The petitioners are granted liberty to withdraw the writ petition with liberty to file appropriate application along with an application for condonation of delay before the the Nagpur Bench of Maharashtra Administrative Tribunal within a period of four weeks from today. If such an application along with an application for condonation of delay is filed, the Tribunal shall decide the same on their own merits. Writ petition stands disposed of accordingly. JUDGE JUDGE 3 halwai