1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. WRIT PETITION NO.111 OF 2009 Abdul Karim Raj Mohammed Patel and others ..Petitioners. Vs. The Tahasildar, Andheri and others ..Respondents. .... Mr. V.B. Naik i/b M/s. Pandya Gandhi & Co. for the Petitioners. Mr. D.A. Nalawade, Government Pleader for the State. .... CORAM: DR. D.Y. CHANDRACHUD, J. & MRS. MRIDULA BHATKAR, J. 21st March, 2009. P.C. : Among the reliefs that have been sought in these proceedings under Article 226 what has been pressed at the hearing of the Petition is the relief in terms of prayer clause (c) of the Petition, namely, a direction to the First Respondent to make a fresh search for the papers of Case No. TNC/SR2/52 in which, as the mutation entry shows an order has been passed on 19th July, 1952. The contention of the Petitioner is that though the name of one Ibrahim Rajmohamed was recorded as a protected tenant, by mutation entry dated 19th July, 2 1952 his name came to be deleted in the record of rights. Despite this, according to the Petitioners the entries in the form 7-12 extract reflect the name of the aforesaid person in the cultivators' column. The Petitioners had applied to the First Respondent for inspection of the papers relating to the aforesaid proceedings viz. TNC/SR2/52 dated 19th July, 1952. By a communication dated 4th March, 2008 the First Respondent stated that the case papers are not traceable in the office. Since the First Respondent has now stated that despite a search, the papers are not available, nothing further would remain in the Petition since the learned counsel fairly accepts the position that notwithstanding the revenue records, it would be open to the Petitioners to file a substantive petition to assert such rights as they claim. Be that as it may, it would be appropriate in the interests of justice if a direction is issued to the First Respondent to once again conduct a diligent search in the records of the office with a view to trace the case papers of the aforesaid proceedings. The result of the search shall be communicated to the Petitioners in any event within a period of eight weeks from today. No further directions are necessary. The Petition is accordingly disposed of. 3 DR. D.Y. CHANDRACHUD, J. Mrs. MRIDULA BHATKAR, J.