B.P. Dharmadhikari, J.

1. By this petition filed under Article 226 & 227 of Constitution of India, the petitioner Society seeks a direction to respondent no. 1 Divisional Joint Registrar, Co-operative Societies to exercise powers under Section 79 of Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as 1960 Act'). Other prayer in the alternative is to direct respondent no.2 Co-operative Society, Gondia to hand over to the petitioner the assets as detailed in para 15 of the petition. There is one more alternate prayer & by it petitioner seeks a direction to respondent no. 3 State of Maharashtra to complete the process of bifurcation of the Co-operative Societies.

2. The facts are not in dispute. Earlier Bhandara district comprised of two areas which now form separate districts namely, Bhandara and Gondia. It was having a single Co-operative Society by name "Bhandara Zilla Parishad Wa Panchayat Samiti Karmachari Sahakari Sanstha, Bhandara" with Registration No. 102. Area of Bhandara and Gondia towns was then divided and two distinct districts i.e. Bhandara district and Gondia district were formed. Because of coming into existence of two independent revenue districts, it was also proposed to sub-divide above mentioned single Society. Proposal for said purpose was finalized on 12/9/2006. The proposal was then processed and orders under Section 18C of 1960 Act have been issued by respondent no. 3 State Government on 30th May, 2007/2nd June, 2007.

3. This petition is filed by a new Society which has been consequently registered for Bhandara district with prayers mentioned supra. The petitioner Society has been registered as an independent/new Society on 23/11/2007, while respondent no. 2 Society has been registered on 15/3/2008.

4. Seeking the relief of recovery of amount due and payable to petitioner by respondent no.2, Writ Petition No. 4040/10 was filed by present petitioner before this Court. In that Writ Petition after hearing petitioner, learned AGP as also counsel for respondent no.2 Society, this Court found that reliefs claimed could not have been granted in exercise of jurisdiction. It accepted contention of respondents that petitioner had remedy of filing dispute under Section 91 of 1960 Act or then to file a civil suit against respondent no.2. Petitioner then filed CAW No.1878/2011 in said disposed of Writ Petition No. 4040/2010 and this Court then clarified its order by declaring that petitioner Society can approach any authority or forum available to it for redressal of its grievance, in accordance with law.

5. After said clarification, petitioner moved an application under Section 79 r/w 18C of 1960 Act before respondent no.1. That application came to be registered as Case No. 4/2011. The petitioner then sought a direction to respondent no. 2 Gondia Society to clear its statutory monitory liability by paying to petitioner the amount with interest @ 12.5%. Respondent no.2 Gondia Society objected to the tenability of those proceedings. They pointed out that proceedings under Section 18C were taken up by State Government and consequently directions were also issued by State Government. As such, respondent no.1 could not have interfered in the matter.

6. Respondent no.1 accepted this objection while delivering order on 21st February, 2012. Application moved by petitioner was rejected.

7. It is after that rejection that present Writ Petition has been filed.

8. When this Writ Petition came up for consideration before the earlier Division Bench, in the light of rejection of Writ Petition No. 4040/2010 and a later order dated 29th July, 2011 clarifying the earlier order, Division Bench found the second approach in Writ Petition misconceived. The said order dated 5th July, 2012 reads as under :

"We do not think that this writ petition can be entertained because after the clarification given by the learned Government Pleader on instructions that the process of bifurcation is complete, the petitioner has approa