hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1756 OF 2011 Dr. Madhukar L. Bawane ... Petitioner Versus State of Maharashtra and Ors. ... Respondents Mr. D.S. Sakhalkar i/by Mr. Rishi Mishra for the petitioner. Mr. D.A. Nalawade, G.P. for respondent no. 1. Ms. P.A. Purandare for respondent nos. 2 and 3. Mr. Haresh Mansukhani for respondent nos. 4 to 11 and 13 to 16. CORAM : P.B. MAJMUDAR & MRS. MRIDULA BHATKAR,JJ. DATED : NOVEMBER 28, 2011 P.C. The grievance of the petitioner is that in the portion of the society’s property, some shop keepers have carried out unauthorized constructions by placing their shops. According to the learned counsel for the petitioner, some of the shop owners are members of the society itself. The petition is filed for seeking appropriate directions to the Corporation to remove unauthorized constructions. On behalf of the Corporation, it is pointed out that the unauthorized constructions have 1 already been demolished on 26.5.2011. The concerned Assistant Engineer of the Corporation has already written a letter to the shop keepers of Vijay Tower Coop. Hsg. Society on 23.11.2011 pointing out that the unauthorized constructions have been demolished by the Corporation staff on 26.5.2011 and there is no unauthorized construction in existence for which action is required to be taken. The learned counsel for the petitioner, however, submits that yet there is encroachment and the Corporation should monitor these aspects regularly. In our view, it is for the society to protect it’s own property. It is impossible for the Corporation to monitor every day. Since dispute is going on between some members of the society and petitioner, this is not a matter in which this court should monitor the subject matter and to find out on day to day basis whether any encroachment is made. It is open for the petitioner to take out civil proceedings in civil court for removal of such encroachment. It is unfortunate that people are not even resorting to civil courts and rush to High Court by invoking its extra ordinary jurisdiction. If petitioner has any grievance, it is open for him to file appropriate civil suit. With the above observations, petition disposed of. (MRS. MRIDULA BHATKAR,J.) (P.B. MAJMUDAR,J.) 2