wp.7624.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7624 OF 2009 Prakash Tukaram Walvekar. ..Petitioner. Versus Walpet Industries and 4 others. ..Respondents. .... Mr.Shitalkumat Kamble, Advocate i/b. Umesh R. Mankapure, Advocate for the Petitioner. Mr.S.N. Patil, Government Pleader, for Respondent No.5. .... CORAM : F.I. REBELLO, AND K.K. TATED, JJ. DATED : 11TH DECEMBER, 2009 P.C. (Per K.K.TATED,J.) :- 1. In the present Writ Petition, the petitioner challenges the order dated 30th August, 2002 passed by the Maharashtra Industrial Development Corporation i.e. respondent No.4 allowing the transfer of property in favour of the respondents. It is case of the petitioner that originally the petitioner and respondent Nos.1 to 3 jointly approached respondent No.4 for allotment of plot bearing No.E21 in MIDC Sangli. Thereafter respondent Nos.1 to 3 in collusion wp.7624.09 2 with each others transferred the said property interse. For that purpose the petitioner already filed Special Civil Suit No.30 of 2002 in the Court of Civil Judge, Senior Division, at Islampur which is pending for final disposal. These disputed facts cannot be considered in the present Writ Petition under Article 226 and Article 227 of Constitution of India in its extraordinary jurisdiction. For the same cause of action Special Civil Suit No.30 of 2002 is also pending in the Court of Civil Judge, Senior Division at Islampur. Considering these facts, Writ Petition is dismissed with no order as to costs. (F.I.REBELLO,J) (K.K. TATED,J)