1 WP No.4360/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4360 OF 2011 Shri Shivaji Vishram Malode ..Petitioner Versus Smt.Kamalabai Trambak Malode ..Respondents Mr Prashant D Patil, Advocate for the petitioner. CORAM : S.C.DHARMADHIKARI, J. Date : 18th July, 2011. P.C.: 1. Heard Mr Patil appearing for the petitioner. 2. The Additional Collector and the Commissioner are right in their conclusion that the dispute between the parties may not be decided in their limited jurisdiction. The petitioner's case that the Gat nos 1399 and 1438 are adjacent land, is also not an admitted position. Further from the maps and measurements that are produced, it cannot be conclusively decided as to whether there is any encroachment by the other land-owners on the petitioner's property. The conclusion drawn that this was a dispute between them and which is going on is something which will not enable them to give any conclusive finding and declaration, such a finding does not require any interference in writ jurisdiction and when the authorities find that the petitioner must approach a civil court and claim appropriate relief and declaration in T 2 WP No.4360/2011 relation to his right in the subject immovable property so also whether any obstruction to the exercise of said right is caused by the acts of omission and commission, if any, of the other land-holders/owners. The wit petition is dismissed. No order as to costs. (S.C. Dharmadhikari, J.)