1 wp 9497.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9497 OF 2011 Dinkarrao Gunderao Ghuge .. Petitioner Versus Agricultural Produce Market Committee Udgir through Secretary .. Respondent Shri M. B. Kolpe, Advocate for the Petitioner. CORAM : S. V. GANGAPURWALA, J. DATE : 12TH DECEMBER, 2011. PER COURT : . Heard Shri Kolpe, the learned counsel for the petitioner. The learned counsel submits that, though the suit is for simplicitor injunction, the petitioner has brought on record that the suit property still is owned and possessed by the petitioner and is not part of acquisition. The respondent is claiming otherwise. It would be in fitness of things to appoint the Court Commissioner to measure the Sy. No. 303, so that suit plot can be carved out from Sy. No. 303. The learned counsel contended that the Court below has not considered this aspect. The filing of 2 wp 9497.11 earlier suit has no relevance with the present suit. 2. With the assistance of the learned counsel I have gone through the application, impugned order and the pleadings. The suit is for simplicitor injunction. Perusal of the application, it transpires that the petitioner had requested for measurement of whole Sy. No. 303. There are various parties who have interest in Sy. No. 303. All are not before the Court. The measurement in absence of the owners would be of no avail. Moreover, the Court has observed that as the land is no longer an agricultural land, the T. I. L. R. would not be a proper person to measure the land. No error is committed by the Court while passing the impugned order. As such, no case for interference is made out in the writ jurisdiction of this Court under Article 227 of the Constitution of India. 3. The petitioner even otherwise has got a right to get his property measured and can produce the evidence before the Court. In view of the above the writ petition is dismissed, however, with no order as to costs. [ S. V. GANGAPURWALA, J. ] bsb/Dec. 11