wp2504.08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2504 OF 2008 Dadarao s/o Digambar Kunjal, R/o-Shivrai, Tq-Gangapur, Dist-Aurangabad. ...PETITIONER. VERSUS 1) The State of Maharashtra, 2) The District Collector, Aurangabad, 3) District Rehabilitation Officer, Aurangabad. ...RESPONDENTS. ... Shri.M.K. Deshpande Advocate h/f. Shri. G.S. Gadiwan Advocate for Petitioner. Shri.S.K. Kadam, A.G.P. for Respondents. ... CORAM: NARESH H. PATIL AND SHRIHARI P. DAVARE, JJ. DATE : 15TH DECEMBER, 2010. wp2504.08 2 PER COURT : 1. Heard learned counsel for the parties. 2. The learned counsel for the Petitioner submits that house owned by mother of the Petitioner was acquired for Tembhapuri Project. Under the scheme, the Government allots a plot in favour of a person whose house was taken over for implementation of the project. It is submitted that brother of the Petitioner, namely - Sanjay, was allotted plot by the State Authorities. The Petitioner submits that he being a son of deceased Reshmabai, original owner of the house property, is entitled for allotment of one more plot or share in a plot which was allotted in favour of his brother. 3. The Respondents have filed reply. We have perused the same. We find that in the facts of the case, the Petition raises disputed questions of wp2504.08 3 facts as to who is entitled for allotment of the plot, as both the Petitioner and Sanjay, the allottee of the plot, are real brothers. There is element of civil dispute, raised by the Petitioner, which cannot be decided in the proceedings of this Petition. In exercise of our extra ordinary writ jurisdiction, no interference is warranted. The Writ Petition is dismissed. [SHRIHARI P. DAVARE, J.] [NARESH H. PATIL, J.] asb/DEC10/wp2504.08