1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. FIRST APPEAL NO.287/2009 WITH CIVIL APPLICATION NO.1087/2009. Niranjan Ganpatram Chawla. ..Appellant -VERSUS- District Collector Bombay and another. ..Respondents ......... Mr.P.M.Havnur, Advocate for the Appellant. Ms.G.P.Mulekar, A.G.P. for the Respondent/State. .......... CORAM : A.P.DESHPANDE, J. DATED : 25th MARCH, 2009. P.C. : 1. The plot of lands were allotted by the Respondents to various allottees and the present Appellant happens to be one of them. The Appellant was allotted the plot of land admeasuring 400 Sq.Ft.. Some of the allottees were found to have encroached on the land over and in addition to the plot of land allotted to them. The allottees were issued notice dated 27.02.2004 by the Respondents calling upon them to remove the encroachment and hand over the vacant possession. The name of the present Appellant was also included in the name of allottees who were directed to hand over the possession after removing the encroachment. Against the name of 2 Appellant, there is no mention of area of land being encroached by him. Despite the fact that the Appellant was not shown to have encroached on any portion of land, solely for the reason that his name was included in the notice, he has chosen to file the suit along with other allottees who have encroached upon the excess lands. The Trial Court dismissed the suit filed by the Appellant by holding that as the Appellant has not encroached upon any land, the notice dated 27.02.2004 does not affect the Appellant in any manner and rather the same is redundant to the extent it relates to the Appellant. 2. The learned counsel for the Respondents, on instructions from the Nayab Tahasildar Mr.Narhari Bhatkar, reaffirms the position that the present Appellant has not encroached on any land over and above the plot of land allotted to him. Thus, the Respondents did not intend to proceed against the present Appellant pursuant to the notice dated 27.02.2004. 3. Having regard to the statement made by the Nayab Tahasildar who is present in the Court, no fault can be found with the view taken by the Trial Court that very filing of the suit is misconceived. 4. In the result, the appeal stands dismissed. In view of dismissal of the First Appeal, the Civil Application does not survive and the same is also disposed of. JUDGE