1 wp-2379.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2379 OF 2010 Shri Pandit Khanderao Divte. ... Petitioner. V/s. The Collector, Collectorate Office, Nashik & ors. ... Respondents. Sandeep K. Shinde for the petitioner. V.S.Gokhale, AGP for respondent Nos.1 to 4. CORAM : V.C.DAGA AND R.G.KETKAR, JJ. DATED : 9th February 2011. P.C. : Whereas it is the case of the petitioner that the possession of the land in question is with the petitioner, it is the case of the respondents that the possession has been taken over by the respondents. This petition, thus, involves disputed question of facts, which cannot be decided in writ jurisdiction. In view of this position, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to file suit. The petition is allowed to be withdrawn with liberty as prayed as prayed for. We make it clear that the we have expressed no opinion on the merits of the case. The petition is disposed of as withdrawn with no order as to costs. (R.G.KETKAR, J.) (V.C.DAGA, J.)