IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2798 OF 2008 M/s.Nav Durga Associates ..Petitioner V/s. The State of Maharashtra & Anr. ..Respondents Mr.S.M. Oak i/by Mr.Sagar Joshi for the petitioner. Mr.S.N. Nargolkar, AGP for respondent No.1 Mr.N.S. Patil for respondent No.2. CORAM : D.K. DESHMUKH & J.P. DEVADHAR, JJ. DATED : 5TH AUGUST, 2008 P.C. : 1. By this petition, the petitioner seeks a writ of mandamus, directing the Respondent No.2 to hand over peaceful possession of final plot No.43 in town planning scheme No.1 Karad to the petitioner. The claim of the petitioner is that final plot No.43 was allotted to the predecessor in title of the petitioner in the year 1986 when the scheme was finalised, but possession of final plot No.43 was not handed over to the predecessor in title of the petitioner. What is pertinent to be noted is that though the scheme was finalised in the year 1986 and though the predecessor in title of the petitioner addressed several representations, for the first time, grievance was made about handing over possession of final plot only in January 1997. What is further pertinent to note is that the property is transferred to the petitioner admittedly by the sale deed on 8-6-2007. In that sale deed, there is clear recital that the vendor of the petitioner was in possession of the property and the vendor was transferring the possession of the property to the petitioner. In our opinion, therefore, statement made in the affidavit in reply filed by the Corporation that possession of final plot No.43 was handed over to the predecessor in title of the petitioner has to be accepted. 2. The petitioner is, therefore, not entitled to get any relief. The petition is, therefore, rejected. D.K. DESHMUKH, J. J.P. DEVADHAR, J.