1 WPL-1635/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1635 OF 2011 Carmelin Simon D’Souza : Petitioner versus Municipal Corporation of Greater Mumbai and anr. : Respondents. Mr. Ramesh Dube Patil i/by Aneeta Vasani & Co. for the Petitioner. Ms. V S Gharpure for the Respondent/Corporation. CORAM : P B MAJMUDAR & R M SAVANT, JJ. DATE : 23rd August 2011 P.C. 1 Whether the Petitioner was in occupation of the premises in question prior to 1985 is a question which this Court cannot decide in its writ jurisdiction under Article 226 of the Constitution of India. The stand of the Corporation is that the Petitioner was not in possession of the premises in 1985. The Corporation has held, as per the documentary evidence, that the Petitioner was not in possession of the disputed hut at the relevant time i.e. on 1/1/1995. This Court cannot examine such disputed question in this Petition. In view of the same, the learned counsel for the Petitioner submits that the Petitioner would like to withdraw this Petition with liberty to file appropriate civil suit to get his right adjudicated. Permission granted. Petition is allowed to be withdrawn with liberty as prayed for. It is made clear that none of the contentions of the parties have been dealt with, the parties are free to urge the same before the appropriate court. [R.M.SAVANT, J] [P.B.MAJMUDAR, J]