1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.854 OF 2009 Narayan Amrut Bhatkar & ors. ..PETITIONERS VERSUS The State of Mah. & ors. ..RESPONDENTS Mr Mahendra Kochar, Advocate for the petitioners; Mr V.B. Ghatge, A.G.P. for respondents no.1, 3, 4 & 6; Mr M.K. Goyanka, Advocate for respondent no.2; Mr M.M. Bhokarikar, Advocate for respondent no.5. CORAM : P.V. HARDAS AND NARESH H. PATIL, JJ. DATE : 18th September, 2009 PER COURT : This is a petition under Article 226 of the Constitution of India praying for issuance of a writ directing respondents to demolish the structure of the existing Bus shed at village Neri-Digar, Taluka Jamner, Dist. Jalgaon and to shift and reconstruct the Bus shed at the new by- pass road heading from Jalgaon via Neri-Digar to Aurangabad. This petition ostensibly is filed by the petitioners who claim to be the villagers and in public interest. In respect of the prayer of the petitioners for demolition of the aforesaid Bus shed on the ground that it is dilapidated, the respondents in their affidavits have agreed that the said shed is in dilapidated condition. According to respondent no.2 in its affidavit in reply, the respondent no.2 i.e. the Divisional Controller, M.S.R.T.C., Jalgaon Division had already given its no objection for the construction of 2 the Bus shed at the said place at where it is located. Apparently, it appears that according to the respondents the shifting of the Bus shed is not warranted. In any event it is the respondents who are the best judges in respect of the selection of the site as to where the Bus shed is to be constructed. The respondents have not only the knowledge and the expertise but are also the best judges and their opinion cannot be substituted by this Court in exercise of writ jurisdiction. Since the respondents have already given their no objection and the competent authorities are going to reconstruct the Bus shed at the same place where the present dilapidated Bus shed is located, we are not inclined to interfere in this petition. There is no element of public interest which is involved and in any event the reliefs which the petitioners have sought for in this petition stand virtually fully granted to the petitioners. Petition is accordingly dismissed with no order as to costs. ( NARESH H. PATIL, J.) ( P.V.HARDAS, J.) amj/wp854.09