1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4105 of 1997 1] Digamber s/o. Sabhaji Sarpe 2] Vitthal s/o. Dhondiba Sarpe 3] Ajeet s/o. Raghuram Sarpe 4] Dattu s/o. Shivram Sarpe 5] Bhanudas s/o. Saidaji Sarpe died through LR 5-1] Dattu s/o. Bhanudas Sarpe Age 27 years, Occ. Daily wager R/o. Bhimnagar, Omerga,Dist. Osmanabad. 6]Rahul Pandurang Srape 7] Laxman s/o. Siduba Sarpe died through LR Bhivrabai w/o.LaxmanSarpe Age 70 years, Occ. Dependent. R/o. Bhimnagar, Omerga. 8] Mhapabai w/o. Mayyappa Ganjane 9] Laxman s/o. Rakhmaji Sarpe/Surwase died throu LR Balaji Laxman Surwase, Age 30 years Occ. Daily Wager R/o. Bhimnagar Omerga, Dist. Osmanabad. 10] Mahadeo s/o. Vitthal Surwase 11] Govind s/o. Maroti Surwase 12] Vishwanath s/o. Bandu Loker 2 13] Masaji s/o. Deorao Sarpe died through LR Ram s/o. Masaji Sarpe, Age 45 years Occ. Service, R/o. Bhimnagar Omerga, Dist. Osmanabad. 14] Prakash Sadashiv Surpe 15] Hari Shivram Kamble 16] Vilas s/o. Shankar Sarpe All major, Occ. Agriculture r/o. Trikoli Prampok, Tq. Omerga District Osmanabad. Petitioners Versus 1] The State of Maharashtra 2] Divisional Commissioner Aurangabad. 3] Forest Conservator Officer Forest Department, Aurangabad. Respondents Mr D.R. Bhadekar, Advocate for the petitioners Mr. K.B. Chaudhari, AGP for the respondents.. CORAM : B.R. GAVAI & S.V. GANGAPURWALA,JJ. DATE : 29TH July, 2010. ORAL JUDGMENT [ PER B.R. GAVAI, J] : 1] The petitoiners claim that they are allotted land in 3 Survey NO. 147 vide order of the Tahsildar dated 17th September, 1962. It is submitted that the said land has been given illegally to the Forest Department for the purpose of afforestation under the variuos schemes. 2] The claim of the petitioners is disputed by the respondent State by specifically stating that the petitioners were never put in possession of the land in Survey No. 147 up to the date of filing of the affidavit dated 1st November, 1999. Reliance is also placed on certain revenue entries in that respect. It is further stated that the plantation had started in 1987 and the trees were standing in the said survey number. It has been further stated that the petitioners in the year 1987, never objected for the plantation and that they had approached the court after a period of 10 years. 3] Even according to the petitioners the land was allotted to them in the year 1961 and they were put in possession of the land and the land was illegally given to the Forest Department in the year 1987. The silence on the part of the petitioners for a long period of 10 years is unexplained. In any case, we find that the claim of the petitioners regarding they being put in possession itself is disputed by the respondent authorities. 4] It is a settled position of las that when conflicting/disputed facts arise for consideration, this court would be slow in exercising its jurisdiction under Article 226 of the Constitution of India. We are of the considered view that, for considering the rival claims, it would be necessary that the parties lead their evidence, 4 which exercise cannot be done in our extraordinary jurisdiction under Article 226 of India. We, therefore, dispose of the petition, with liberty to the petitioners to take recourse to any remedy available to them under common law. However, it is made clear that in the event, if there is any delay, the period during which the petitioners were bonafide prosecuting the present petition before this court may be condoned by giving benefit of Section 14 of the Limitation Act. [S.V. GANGAPURWALA,J.] [B.R. GAVAI,J.] grt/wp