-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 7512 OF 2008 Datta Shiva Hirukade and others ... Petitioners versus The District Collector and others ...Respondents Mr. Shrikant Chavan, instructed by Mr. Umesh R. Mankapure, for the petitioners. Mr. V.S. Gokhale, AGP, for respondent Nos. 1, 2, 4 and 5. None for respondent Nos. 3 and 6. CORAM: P.B. MAJMUDAR & R.M. SAVANT, JJ. DATE: AUGUST 11, 2010. P.C. The petitioners challenge the allotment of land to respondent No.6 herein on the ground that the lands in question were never acquired and, therefore, could never have been allotted to respondent No.6. Admittedly, respondent No.6 has been allotted the land by letter dated 17th April, 2008 and respondent No. 6 has taken possession of the land on 19th April, 2008. The petition, therefore, raises a question as regards the title. In our view, it would be appropriate for the petitioners to file a civil suit for the said purpose as disputed questions of fact are involved. By relegating the petitioners to the said remedy, we dispose of this writ petition. It is made clear that we have not dealt with any of the issues raised in the petition which have a bearing on title and all the contentions are kept open. If such a suit is filed by the petitioners, needless to -2- say that it will be decided on its own merits and in accordance with law by the concerned Court. P. B. MAJMUDAR, J. R.M. SAVANT,