1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. LETTERS PATENT APPEAL NO. 5 OF 2009. Jayprakash Narsing Rathi & others .vs. State of Mah. & others ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. Mr. J.T. Gilda, Advocate for appellants, Mr. S.B. Ahirkar, A.G.P. for respondents. CORAM: S.A. BOBDE & F.M. REIS, JJ. DATED: MAY 8, 2009. We see no reason to interfere with the order of the learned Single Judge by which the learned Single Judge has upheld the refusal of an injunction concurrently by two Courts below. Mr. J.T. Gilda, learned Advocate for appellants, vehemently submitted that the learned Single Judge ought to have seen that the Section 50 of the Maharashtra Land Revenue Code could not have been applied to the land in question since the property was not vested in the Government. Therefore, according to the learned Counsel, the Courts below ought to have noticed that the Sub-Divisional Officer could not have passed an order sealing the shops in question without notice. Though the contention on behalf of the appellants is correct that Section 50 of the Maharashtra Land Revenue Code has no application unless the land vests in the State Government, we do not find any material on record to uphold the contention that the construction is not on Government land. 2 The Courts below as well as the learned Single Judge have noted that the construction is on a nullah and prima facie it is not on survey No. 150. This observation is made on the basis of measurements by TILR. The measurement may be without notice as contended by Shri Gilda but then this fact by itself does not prove the contrary. In this view of the matter, we see no reason to interfere. The Letters Patent Appeal is dismissed. Needless to state that the trial Court shall decide the suit on its own merits without being influenced by any observation of any Court with regard to interim relief. JUDGE JUDGE. J.