1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4976 OF 2009 (Binaki Gruha Nirman Sahakari Sanstha Ltd. vs. Nagpur Improvement Trust and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND F.M.REIS, JJ. DATED : DECEMBER 4, 2009 Heard Shri Sonkusare, learned Counsel for the petitioner, and Shri Sambre, learned Counsel for the respondents. It is no doubt true that it is the duty of the State Government, Local Authority or statutory Body to protect its property and if its property is encroached, such encroachment needs to be removed by taking appropriate action in accordance with law. However, in the present case, it appears that there is some dispute in respect of allotment of the plots in question and in absence of proper evidence in this 2 regard, it is difficult to adjudicate upon the issue in question. Hence, the petition is disposed of accordingly. JUDGE JUDGE khj