: 1 : wp-5974-10.sxw mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5974 OF 2010 Chandrakant Kantilal Shah & ors. ..Petitioners Vs. The sub-Divisional Officer and Ors. ..Respondents Mr. Charanjeet Chandrapal for the Petitioner Mr. S.N.Bhosle AGP for Respondent Nos.1 to 4 CORAM: S.C.DHARMADHIKARI, J. DATE: AUGUST 8, 2011. P.C.: 1 The Petitioners are challenging an order passed by the authorities delivered on 26-2-1976 and 17-7-2008 under the Maharashtra Agricultural Lands (Ceiling on Holdings Act) 1961 and the Maharashtra Land Revenue Code, 1966. It is argued that the lands have been declared to be surplus and after lapse of 12 years an Mutation Entry No.538 was made in respect of the ceiling limit/area. The Petitioners are stating that they have acquired this land and the possession also is with them for the past more than 30 years. In such circumstances, these orders would not affect their rights. 2 When the facts as set out in the Petition and the observations in the impugned order were brought to the notice of the Petitioners Counsel, it is fairly stated that the Petitioners will have to establish and prove their case of possession and title. Despite all these events that can be done by approaching a Competent Civil Court. Hence, Mr. Charanjeet Chanderpal : 2 : wp-5974-10.sxw appearing for the Petitioners seeks leave to withdraw this Writ Petition with liberty to adopt appropriate proceedings including filing of Civil Suit before the Competent Civil Suit. He submitted that there is an apprehension that the events that have been set out in the petition would be construed as affecting the rights of the Petitioners in the property in question. 3 To my mind, if the Petitioners approach the Competent Civil Court, and seek a declaration of their right, title and interest in the subject land and particularly on the basis of the pleadings in this Writ Petition, then, the Competent Civil Court will go into the said issues and the Mutation Entry and orders in relation thereto will not in any manner affect such adjudication. Instead, the Competent Civil Court’s adjudication and declaration would have to be abided by the authorities under the Maharashtra Land Revenue Code, 1966. 4 Keeping all contentions open, this Writ Petition is allowed to be withdrawn and stand disposed of as such. No costs. (S.C.DHARMADHIKARI, J.)