-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.8368 OF 2007 Maruti T. Dhumal & Ors. : Petitioners V/s. The Sarpanch, The Group Gram Panchayat Virjoli & Ors. : Respondents ... Mr.R.L.Majgaonkar for the petitioners. Mr.S.R.Nargolkar, Asstt. Govt. Pleader for respondent nos.2 to 4. Mr.M.S. Kadu for respondent nos.6,7 & 8. ... CORAM : S.B.MHASE & A.A.KUMBHAKONI,JJ. DATE : JUNE 03, 2008. P.C. 1. The petitioners have filed this petition impugning allotment of Government land which was reserved for fish farming in favour of the respondent nos.5 to 8 by the 3rd respondent, Collector, Raigad, vide allotment order dated 4.3.2006. The grievance of the petitioners is that as a result of such allotment, the respondent nos.5 to 8 have started using the allotted land for "prawns farming". According to the petitioners, such user requires erection of small miniature dam built in creek. According to the -: 2 :- petitioners, on account of such dam, salt water is getting mixed with sweet water, resultantly causing loss/damage to the agricultural lands of the villagers/farmers. 2. On behalf of the State i.e. the respondent nos.2 & 3, an affidavit-in-reply is filed by Mr.Gopinath Raghunath Thombre, the Tahsildar, Roha. It is submitted in this affidavit that on receiving complaints as aforesaid, the Tahsildar, Roha, conducted an inquiry through the Circle Officer, Rogha, and the report dated 26.6.2006 as also the panchanama effected in that regard do not reveal any such damage/loss caused to the land of the petitioners as well as other complainants on account of the aforesaid prawns cultivation project implemented by the respondent nos.5 to 8. A copy of this report is produced as annexure ‘4’ to the affidavit. 3. In the same aforesaid affidavit, it is further submitted that the Tahsildar, Roha, by his letter dated 7.7.2006 has also made inquiry through the Asstt. Director, Fisheries Department, Raigad, in respect of the aforesaid complaints of the villagers. It is further submitted in this affidavit that according to the report of the Fisheries Department dated 23.11.2006, a copy of which is produced along with the affidavit at exh.‘6’, there is a creek between prawns dam and the village -: 3 :- Malathe. According to this report, the distance between village Malathe and the aforesaid prawns dam is about 1.5 kms. and further that such a distance is of one k.m. between the prawns dam and village Hal. The report further shows that there is no agricultural land found near the prawns Dam. 4. In these circumstances, the questions raised by the petitioners are purely disputed questions of fact and we cannot go into the disputed questions of fact in exercise of our writ jurisdiction. The appropriate remedy in such cases for the petitioners is by way of filing a civil suit. 5. In view of the aforesaid facts and circumstances of the case, we refrain from entertaining this Writ Petition. 6. The Writ Petition is, accordingly, dismissed. (A.A. KUMBHAKONI, J.) (S.B. MHASE, J.)