1 Cri.W.P. No.851 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.851 OF 2010 Mansing s/o Popma Powar ..PETITIONER VERSUS The State of Mah. & ors. ..RESPONDENTS Mr S.V. Jadhav Patil, Advocate for the petitioner; Mr D.R. Kale, A.P.P. for respondents no.1 to 3 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 1st December, 2010 PER COURT : Since we have recalled our previous order dismissing the petition for default and have restored the petition to file, this petition is heard for admission at the request of the learned Counsel for the petitioner. 2. By this petition under Article 226 of the Constitution of India the petitioner prays for issuance of a writ of mandamus directing the respondents to register an offence on the basis of the reports lodged by the petitioner. According to the learned Counsel for the petitioner, the accused have trespassed and have unlawfully and illegally taken possession of the Government land. 2 Cri.W.P. No.851 of 2010 3. A reference may usefully be made to the judgment of Supreme Court in Aleque Padamsee Vs. Union of India, (2007) 6 SCC 171 and to the judgment of Supreme Court in Sakiri Vasu vs. State of U.P., AIR 2008 Supreme Court 907. The Supreme Court in the aforesaid judgments has held that in the event the police decline to register the first information report, it would always be open to the complainant therein to file private complaint. The Supreme Court has further held that a writ petition directing the police to register offence was not available to the writ petitioner. In the light of the aforesaid judgments we find no merit in the present petition and the present petition is, therefore, summarily dismissed. The petitioner may resort to the remedies available to the petitioner in law. (A.V. POTDAR, J.) ( P.V. HARDAS, J.) amj/criwp851.10