1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 3660/2009. Dashrat Kondu Ramteke and others. -: VERSUS :- Additional Collector, Bhandara and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : AUGUST 02, 2010. Heard Shri A.V. Mudkey, learned counsel for petitioners and learned A.G.P. for respondent no.1. Shri Mudkey, learned Counsel contends that petitioners are in possession and their names have been deleted by the Tahsildar without any notice to them. He further states that father of petitioners purchased the suit land and in resurvey the area of land was reduced. According to him, the authorities have unnecessarily tried to create the issue about identity of land and survey no.35/2 purchased by father of petitioner corresponds to survey no.215. Learned A.G.P. states that the documents on record are not sufficient to conclude the controversy and disputed questions of fact do arise in the matter. With the assistance of learned counsel for 2 petitioners, I have perused the records. Records are prima facie not sufficient to connect survey no.215 with old survey no.35/2. There is some difference in the area of the land. The Tahsildar has found that all respondents are actually in cultivating possession. In view of this position, even if the order of mutation seems to have been passed behind the back of petitioner, I find that interest of justice can be met with by permitting petitioners to file a Civil Suit as certain other disputed questions also arise in the matter. It is made clear that the findings of the revenue Authority in relation to possession shall not be binding in other adjudication. The observations of this Court above are only for the purpose of noting that the matter cannot be resolved in writ jurisdiction. If the petitioners file Civil Suit the same shall be decided at the earliest by the Competent Court. With this observation and directions, Writ Petition is disposed of. No costs. JUDGE Rgd.