(1) ca10335-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10335 OF 2011 IN WRIT PETITION NO. 3281 OF 2011 Shaikh Jabbar Shaikh Ratan and others APPLICANTS VERSUS Shri Ajubai Shikshan Va Bahuuddeshiya Mandal & others RESPONDENTS ..... Shri S.A. Wakure, advocate for the applicants. Smt. Priyanka Sawaji, advocate holding for Mr. S.S. Thombre, advocate for the writ petitioner. Mr. V.H. Dighe, A.G.P. for the Respondent-State. Mr. N.C. Garud, advocate for respondent/Gram Panchayat. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 12th SEPTEMBER, 2011 ORAL ORDER: 1. This is an application for intervention. The learned counsel appearing for the applicants submits that the Gram Panchayat has illegally taken out a way from the private land of the applicants. 2. We find that as to whether the road is on the private land of the applicants or is a public road is a matter of dispute which can be entertained (2) ca10335-11 only in an appropriate Civil proceedings. We, therefore, reject the application while observing that if the applicants take up any proceedings before the competent Civil Court for establishing their rights, the statement made on behalf of the Gram Panchayat in the writ petition would not affect the rights of the applicants and the Civil Court would decide such a dispute purely on the basis of the evidence that would be adduced before it by the parties. [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/ca10355-11