1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2270 OF 2000 ... Mr.Abdul Majid Abdul Razak Qureshi ...Petitioner v/s The Municipal Corporation of Gr.Bombay ...Respondent ... Mr.O.P.Singh for the Petitioner. Ms.S.M.Modhle for the Respondent. ... CORAM: D.K.DESHMUKH, & R.G.KETKAR, JJ DATED: 9 th September, 2009 P.C.: 1. The Petitioner by this Petition seeks an order for restoration of a shop, of which according to him he was the tenant. That shop was demolished by the Corporation for widening of the road without issuing any 2 notice to him. The Petitioner is also claiming a direction for allotment of alternate premises. The claim of the Petitioner that he is tenant of the shop is based on the agreement dated 5 th March, 1974 which does not have exact description of the property. Shankarlal Harilal Shah is disclosed as the landlord, but there are no documents on record to show that he is owner of the land. The document at Exh.A shows that Shankarlal Harilal Shah was owner of some agricultural land. There are averments made in the petition that after his shop was allegedly demolished by the Corporation, he was permitted to use one side of the road until alternate premises is allotted to him. In our opinion, the petition involves disputed question of fact and therefore, appropriate remedy of the Petitioner would have been to file a civil suit. The 3 Petitioner in fact had given a notice under Section 527 of the BMC Act to the Corporation claiming same relief, but then why he dropped that idea and file this Writ Petition is not known. In our opinion, in view of the disputed facts involved, no relief can be granted to the Petitioner. Petition is, therefore, dismissed. Rule discharged. No order as to costs. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)