1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.5786 OF 2010 Chandrakant s/o Sandu Gawali & ors. ..PETITIONERS VERSUS The State of Mah. & ors. ..RESPONDENTS Mr G.K. Kshirsagar, Advocate for the petitioners; Mr K.J. Ghute Patil, A.G.P. for respondent - State CORAM : P.V. HARDAS AND N.D. DESHPANDE,JJ. DATE : 2nd July, 2010 PER COURT : This is a petition under Article 226 of the Constitution of India, ostensibly in public interest for shifting the toll booth/toll station from the present site to the site where it was originally sanctioned to be constructed. The petition discloses that the Grampanchayat has already taken action and has issued notice for demolition of the aforesaid unauthorised structure. The petitioner by this petition under Article 226 of the Constitution of India has prayed for issuance of a writ of mandamus directing the respondents to shift the toll collection centre, situated at Sawangi (Lasur Station) to its original place at Lasur village near the bridge of Shivna River. Since the Grampanchayat has already taken cognizance and has issued notice for demolition of the unauthorised construction, any observations made by us in the present petition would ultimately prejudice the notice which is issued by the Grampanchayat for demolition of the unauthorised structure. In any 2 event, since the Grampanchayat has already taken cognizance of complaints of the villagers, no action in this petition which is ostensibly filed in public interest, can be taken. In that light, petition is dismissed. No order as to costs. (N.D. DESHPANDE, J.) ( P.V.HARDAS, J.) amj/wp5786.10