1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.856 OF 2009 All India Medical Corporation ..Petitioners & anr. V/s. The State of Maharashtra & ors ..Respondents Mr.Swapnil Bankar i/b.Deven Dwarkadas & Partners, Advocate, for the petitioners Mr.R.R.Bhosale, Assistant Government Pleader, the State Mr.Snehal Shah i/b.Purnanand & Co., Advocate, for respondent No.5 CORAM : F.I.REBELLO & C.L.PANGARKAR, JJ. DATE : 18TH JANUARY, 2010 P.C. . The petitioners approached this Court to impugn the decision of respondent No.2 for not transferring the tenancy in their favour. The petitioners claim right through respondent No.5, who was the original tenant. 2. Respondent No.5 also filed an Affidavit denying the contention raised by the 2 petitioner in the said petition including of tenancy. In the light of the above, as the petition raises disputed question of fact, this will not be a fit case for us to entertain this petition. Earlier the petitioner had also approached the Court in Writ Petition No.1913 of 2005 which was disposed off on 25th September, 2006 by permitting the petitioner to apply to the B.M.C to get his name included in Annexure II if eligible. 3. Considering the above, this would not be a fit case for this Court to exercise its extra ordinary jurisdiction. It will be open to the petitioner to pursue such other remedy in law to which he may be entitled to. (C.L.PANGARKAR, J.) (F.I.REBELLO, J.) 3