1 W.P. No. 6567.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO. 7002 OF 2011 in WRIT PETITION NO. 3855 OF 1994 Shaikh Mohammad S/o Shaikh Nawaz died through his LRs ..APPLICANTS. VERSUS Digamber Shahurao Chimni & Ors ..RESPONDENTS ... Shri Sachin Deshmukh, Advocate for applicants Shri K.B. Chouahdary, AGP for respondents /State CORAM :- S.V. GANGAPURWALA JJ. DATE:- 8th July, 2011. PER COURT: This application is moved by the applicants restraining the respondents from undertaking the construction activities in survey No. 492. 2. Shri Deshmukh, learned Counsel for the 2 W.P. No. 6567.09 applicants submit that even as per the 7/12 extract the applicants ownership is to the extent of 5 Acres and 10 Guntha and the Police Department is allotted only 1 Acre and 13 Guntha land in the said survey number, but the authorities are carrying out construction activity on the land of applicants. As such the learned counsel states that the respondents be restrained from carrying out the construction activity. 3. Shri Choudhri, learned AGP submits that the Police Department has been allotted 2 Acre of land i.e. 1 Acres 25 Gunutha from Survey No. 492 and 15 Guntha from Survey No. 410. This land was allotted to the respondent for constructing police quarters and for parade ground, and the construction of compound wall is being carried out. 4. The applicants are concerned with land admeasuring 5 Acres 10 Guntha in survey no. 492 and the Police Department is concerned to the extent of 1 Acre and 13 Guntha, as is evident 3 W.P. No. 6567.09 from the revenue record. The respondents cannot be restrained from carrying out construction in the whole survey number, at the same time the respondents cannot carry out any construction in the land which is shown to have been owned and possessed by the applicants. 5. In the result I pass following order. ORDER A. The respondent No. 7 shall not carry out any construction activity in land admeasuring 5 Acres 10 Guntha which is shown as owned by the applicants in survey No. 492. However, the respondent No. 7 is at liberty to carry out construction in its 1 Acre and 13 Guntha land in said survey number. B. Civil Application is accordingly disposed of. [S.V. GANGAPURWALA, J ] SDM*