(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 726 OF 1997 Devchand s/o. Malji Jadhav, Age : 63 years, Occupation : Agriculture, R/o. Bhortek (Bk.), Taluka : Bhadgaon, District : Jalgaon. .. Petitioner. versus 1. The State of Maharashtra, through Collector, Jalgaon. 2. Sub-Divisional Officer, Sub-Division Office, Pachora, District : Jalgaon. 3. The Land Acquisition Officer, Jalgaon. 4. Tahasildar, Tahasil Office, Bhadgaon, District : Jalgaon. 5. Sarpanch, Grampanchayat Bhortek (Bk.), Taluka : Bhadgaon, District : Jalgaon. 6. Block Development Officer, Panchayat Samiti, Bhadgaon, District : Jalgaon. .. Respondents. (2) ....................... Mr. D.V. Soman, Advocate, for the petitioner. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos.1 to 4. Respondent nos.5 and 6 served (Absent). ........................ CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE : 17TH JUNE 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. By the present petition, the petitioner seeks a writ of mandamus to the respondents, that the respondents be directed not to construct or carry out Indira Niwas Yojana in the land of the petitioner. The petitioner has sought a further direction to the respondent nos.1 to 3, to pay compensation of Rs. 5,00,000/- to the petitioner for having illegally permitted to construct the hutment in non-acquired portion of land of the petitioner. 2. For the same relief prayed in the petition, the petitioner has already filed a civil suit, being Regular Civil Suit No. 34/2002, in the court of Civil Judge (Junior Division), (3) Bhadgaon, against the Sarpanch for removal of encroachment. 3. In any case, we find that certain disputed questions of fact are involved in the present matter which can better be gone into in the said Civil Suit. 4. In that view of the matter, the present petition is disposed of, by directing the learned Civil Judge (Junior Division), Bhadgaon, to dispose of Regular Civil Suit No. 34/2002, as expeditiously as possible and preferably within a period of one year from today, if not already disposed of. If the petitioner so desire, he is always at liberty to make an application to the learned Civil Judge, for appointment of court commissioner for ascertaining the factual position. If such an application is made, the learned Judge shall decide the same in accordance with law and on its own merits. 5. Subject to the above directions, rule is discharged. There shall be no order as to costs. ( S.V. GANGAPURWALA ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp726