IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9180 of 2004. WRIT PETITION NO.9180 of 2004. WRIT PETITION NO.9180 of 2004. Ahilyabai Holkar C.H.S. Ltd ..Petitioner versus Addl. Collector & Competent Authority, Kolhapur ..Respondent Mr.R.D.Soni i/b. M/s. Ram & Co. for the Petitioner Mr.Nargolkar AGP for respondent Nos.1 to 3. Mr.M.R.Parikh for the respondent No.2 CORAM : D.K.DESHMUKH & CORAM : D.K.DESHMUKH & CORAM : D.K.DESHMUKH & R.Y.GANOO, JJ. R.Y.GANOO, JJ. R.Y.GANOO, JJ. DATED : 12th June, 2008. DATED : 12th June, 2008. DATED : 12th June, 2008. P.C. 1. By this petition the petitioner is challenging the Order passed by the Minister for State under Section 34 of the Urban Land (Ceiling & Regulation) Act. It is common ground that after the show cause notice was issued by the Government, the petitioner has filed a Civil Suit challenging the show cause notice and without withdrawing the suit, the present petition has been filed. In the civil suit the petitioner has challenged the competence of the Government to make order under Section 34. This petition has admittedly been filed without withdrawing the suit. Therefore this -2- petition cannot be entertained as the petitioner has already adopted the remedy of Civil suit. Hence petition is rejected. (D.K.Deshmukh, J.) (D.K.Deshmukh, J.) (D.K.Deshmukh, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)