[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1940 OF 2008 Mr.Ronald Thomas Gonsalves ...Petitioner Vs. Mr.Ashok Jadhav (M.L.A.) & Anrs. ...Respondents .... Mr.V.E.Pereira Advocate for Petitioner Ms.Manjusha Kumbhar Advocate i/by Swapnil A.Wardkar for Respondent No.1 Mr.D.A.Nalawade Govt.Pleader for Respondent no.2 Ms.S.M.Mondle Adv. for Respondent No.3 .... CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. DATE : FEBRUARY 24, 2009 DATE : FEBRUARY 24, 2009 DATE : FEBRUARY 24, 2009 P.C. P.C. P.C. 1. The Petitioner has approached this Court invoking extra-ordinary writ jurisdiction seeking a writ of mandamus or any other appropriate writ or direction for removal of toilet blocks constructed by Respondent No.1 out of funds available to M.L.As. for public use. 2. It is the case of the Petitioner that he is owner of land bearing CTS No.347/A and other two [-2-] toilets have been constructed by encroaching upon his land and without seeking proper permission from competent authority i.e. Municipal Corporation or MHADA. In the affidavit in reply filed on behalf of Respondent-Corporation, it is stated that they have given due permission for construction of the toilet in question on the basis that public toilets were in existence prior to the year 1985 as per their record. So far as Respondent no.1 is concerned, Respondent no.1 has tendered affidavit in reply, which is taken on record, wherein he has pleaded that he has constructed toilets after obtaining necessary permission from various authorities and it is in the larger interest of the public. 3. In writ jurisdiction, we do not propose to examine the various issues which arise in the matter. 4. It will be proper for the Petitioner to seek alternate remedy by approaching the Civil Court so as to get the encroachment removed. 5. The learned counsel appearing for the [-3-] Petitioner submits that he may be permitted to withdraw the petition to seek alternate remedy. Permission to withdraw the petition is granted with the aforesaid liberty. 6. Petition is dismissed as withdrawn. [J.N.PATEL, J.] [J.N.PATEL, J.] [J.N.PATEL, J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]