1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4362 OF 2009 ----------------------------------------------------------------- Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s or directions and Registrar’s | orders orders | ----------------------------------------------------------------- Mr. S.V. Gangapurwala, Advocate for petitioners. Mr. V.D. Godbharle, A.G.P. for respondent No. 1. CORAM : A.M. KHANWILKAR, AND S.S. SHINDE, JJ. DATE : 14TH JANUARY, 2010 Heard Counsel for the parties. 2. The principal relief claimed in this petition is to issue direction to the respondents to take measures to remove the stagnation of water so that the petitioners' land can be made cultivable. Reply affidavit has been filed stating that the lands referred to in the petition are in fact the Government lands. Assuming that the 2 lands on which water is allowed to stagnate are the Government lands, that does not justify inaction of the Authority of taking measures to remove stagnation, if it is causing inconvenience to the residents of the nearby area either in terms of hygienic issue or otherwise. 3. The respondents would examine this position and take appropriate measures to redress the grievance made by the petitioners. That be done as expeditiously as possible. 4. Insofar as the relief claimed in terms of prayer clause (C), Counsel for the petitioners, in all fairness, submits that the petitioners would pursue such other remedy as may be permissible in law and the Court may dispose of the petition on the basis of above. The petition is accordingly disposed of with liberty to the 3 petitioners as prayed for. ( S.S. SHINDE, J. ) (A.M. KHANWILKAR,J.) sut/JAN10/wp4362.09