- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 5951 OF 2007 Vilas Motiram Bhalerao Petitioner Vs. Shantaram Fakira Bhalerao Respondent Mr. Umesh R. Mankapure, Advocate for the petitioner. Mr. R. M. Patne, AGP for respondent Nos. 6 to 8. CORAM : S. C. DHARMADHIKARI, J. DATE : FEBRUARY 18, 2008 PC . This writ petition impugnes the order passed on 3rd July 2007 by the Addl. Commissioner Nashik Division Nashik, wherein dismissing the petitioner’s application it is held that the order of the Addl. Collector Nashik dated 10th of June, 2005 cannot be sustained. The grievance of the petitioner is that the Addl. Commissioner has not gone into the merits of controversy but has merely held that the order passed by the Sub-Divisional Officer appears to be correct and in Appeal, under section 252 of the Maharashtra Land Revenue Code, against the order passed by the Sub-Divisional - 2 - Officer in the present case, the Collector could not have interfered. He had no further Appellate Powers. The grievance is that the Commissioner could have treated the proceedings before him as Revision Application against the order of the lower authority and gone into the merits of the matter as well. 2. One could have gone into the merits at length, but the dispute appears to be a Boundary Dispute. If the order of the Sub-Divisional Officer is perused, it is apparent that the Sub-Divisional Officer has exercised his powers as Revisional authority and the matter before him was a boundary dispute. By the very nature of the proceeding, the title to the immovable property is not being adjudicated upon. In such circumstances, the petitioner’s remedy is not to pursue the matter before this Court further but to assert his title and interest in the immovable property. That he can do so by approaching the competent Civil Court. Nedless to state that if he approaches the competent Civil Court, the same shall consider the case without being influenced by the order of the authorities under the Maharashtra Land Revenue - 3 - Code. All contentions in this behalf are kept open. Petition is disposed of. Sd/- [ S.C. DHARMADHIKARI J.]