-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.9231 OF 2007 NO.9231 OF 2007 NO.9231 OF 2007 Satyajitsinh H. Ghadge and ors. ...Petitioners v/s Competent Authority and Deputy Collector, Kolhapur Urban Agglomeration, Kolhapur and ors. ...Respondents Mr Y.K. Sakhare i/b M/s YKS Legal for Petitioners. Mr A.H. Palekar, AGP for Respondents. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 28TH JULY 2008. -2- P.C. :- 1. The relief that is sought by this petition is that the entry taken in the revenue record that the authority has taken possession of the land which is declared as surplus is invalid. According to the petitioners, the entry could not have been taken without issuing Notification under sub-section (3) of section (10) of the Urban Land (Ceiling and Regulation) Act 1976 without following procedure laid down in sub-section (5) of section 10 of the said Act. In our opinion, whether possession was taken in accordance with law or not is a disputed question of fact and therefore, it will not be appropriate for us to entertain the petition. The appropriate remedy of the petitioners is to file a civil suit seeking appropriate reliefs. Petition is therefore disposed off with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)