1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 10449 OF 2010 Sk. Nizam s/o Sk. Mohammad and others ...Petitioners Versus Abhishek Nanasaheb Zindurde Patil ...Respondents ..... Mr. D. P. Palodkar, advocate for the petitioner ..... CORAM: S. S. SHINDE, J. DATED: 25TH NOVEMBER, 2010 PER COURT:- 1 Heard learned counsel for the petitioner. This petition takes exception to the order dated 9.7.2010 passed below Exh.69 in Special Civil Suit No. 366 of 2007, whereby the application of the petitioner for referring the additional issues from Exh.67 for adjudication to the competent authority came to be rejected. 2 According to the learned counsel for the petitioner the trial court may not be competent to adjudicate the issue raised by the petitioner. According to him, the powers are vested in the authority in respect of the consolidation scheme and the said authority can adjudicate the issue raised by the petitioner and then take decision in the matter. 3 I have given due consideration to the submissions advanced by the 2 counsel for the petitioner. Perused the impugned order. The trial court has observed in its order that the issue raised is not required to be referred to the competent authority. There is dispute regarding less area shown on the record and it can be proved by way of documents and evidence available on record and there is no need to refer such issue to competent authority to determine it under Section 36(b) of the said Act. Counsel for the petitioner had expressed apprehension that in case at the later stage, the trial court comes to the conclusion and accepts the contention of the petitioner, in that case the court should not observe that it is not empowered to execute the decree. In that case the petitioner should be left without remedy. In my opinion, such apprehension is ill founded. The competent Court can always adjudicate the issue and direct the authority to take corrective measures, if the petitioner, otherwise proved his case by filing documentary evidence by bringing to the notice of the Court that area shown on the record is less than the documentary evidence. 4 In this view of the matter, in my opinion, no case is made out to entertain this writ petition at this stage. Writ petition stands dismissed. However, concern court adjudicating the matter,if feels it necessary will be at liberty to refer the issue to the competent authority, at later stage. ( S. S. SHINDE. J.) rlj/