1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3763 OF 2010 Babasaheb s/o Bhausaheb Kotkar .. Petitioner Versus The State of Maharashtra and ors. .. Respondents Mr D.G.Nagode, Advocate for petitioner Mr K.B.Choudhari, A.G.P. for respondents 1 to 3 and 5 Petition dismissed as against respondent No.4 as per Court's order dated 28.9.2010. CORAM : SMT. NISHITA MHATRE AND M.T. JOSHI, JJ. DATE : 25th April 2011 PER COURT The petition has been preferred contending that an award should be passed under the Land Acquisition Act in respect of land, which the petitioner claims is owned by him. An affidavit has been filed by the Sub Divisional Engineer, World Bank Project, Sub Division No.2, Ahmednagar indicating that the land in question is not owned by the petitioner. In paragraph 11, the deponent has stated that the petitioner has encroached upon the Government land and, therefore, the question of payment of any compensation to the petitioner, for constructing the bridge over that land does not arise. The issue as to whether the petitioner owns the land in question is a disputed question of fact, which cannot be decided in this Court's writ jurisdiction. The petitioner will have to establish his title over the land in a civil Court, before any compensation can be paid. Petition is rejected. ( M.T. JOSHI, J. ) ( SMT. NISHITA MHATRE, J. ) (vvr/3763.10wp)