1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.185 OF 2009 (Mrs. Pushpa wd/o Waman Ghode and another vs. Collector, Nagpur and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : FEBRUARY 5, 2009 Heard Shri Kale, learned Counsel for the petitioners, Shri Thakre, learned Assistant Government Pleader for the respondent nos. 1, 2 and 4 and Shri Mehadia, learned Counsel for the respondent no.3. In the present petition, grievance of the petitioners is in respect of encroachment alleged to have been made by the respondent no.3 on the land of the petitioners. Shri Kale, learned Counsel for the petitioners, states that the petitioners owned land admeasuring 0.81 hectares out of Khasra No.210/A/1 (old) – 231 (new). It is submitted that respondent no.3 acquired 0.66 hectare land out of the said survey number and, therefore, respondent no.3 2 was entitled to take possession only of the said land. However, grievance of the petitioners is that respondent no.3 has encroached upon remaining part of the land of the petitioners and, therefore, petitioners have prayed for issuance of appropriate directions. Shri Mehadia, learned Counsel for the respondent no.3, disputes the allegation of encroachment and submits that respondent no.3 has taken possession of land admeasuring 0.66 hectare belonging to the petitioners. It is contended that in the acquisition proceedings, respondent no.3 also acquired the adjoining land on both the sides of the land in question belonging to the petitioners. It is further submitted that respondent no.3 does not have any objection, if the petitioners want to get the land measured by the Taluka Inspector (Land Records) in case of any dispute in this regard. Even otherwise, it will be appropriate to get the land of the petitioners, which is acquired by the respondent no.3, measured in order to solve the controversy in issue. In the circumstances, we direct the respondent no.3 to get the land in question belonging to the petitioners as well as other adjoining lands, which were acquired along with the land of the petitioners, measured through Taluka Inspector (Land 3 Records) in the presence of the petitioners within a period of four months from today. With these observations and directions, the petition is disposed of. JUDGE JUDGE khj