1 WP 9437.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FARAD CONTINUATION SHEET No. WRIT PETITION NO. 9437 OF 2011 (Taibai Shamu Bhil VS State of Maharashtra and anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. P.N. Kutti, Advocate for the Petitioner Mr. K.S. Patil, A.G.P. for the respondent­State ... CORAM : B. R. GAVAI AND M.T. JOSHI, JJ. DATED : 15.12.2011 P.C.:­ 1. Heard. 2. The petitioner seeks a direction to the respondent no.2 to decide the application of the petitioner. 3. It appears that the representation filed by the present petitioner to the Collector is seeking removal of encroachment by almost 39 persons. Neither of the said persons are made parties to the Petition. Any relief in the Petition may adversely affect the rights of such persons. 2 WP 9437.2011 4. In any event, question as to whether the petitioner is the owner of the land in question, as to whether the persons alleged, have really made the encroachment or not, are the matters, which will have to be decided by a competent Court, after appreciation of the evidence led on behalf of the parties. 5. We do not find that any direction as sought for, could be given in the matter. The Writ Petition is therefore rejected. 6. Needless to state that the rejection of the Petition, will not come in the way of the petitioner in taking recourse to the alternate remedy available to him in law. Sd/­ Sd/­ arp [M. T. JOSHI, J. ] [B. R. GAVAI, J.]