1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.4819 Of 2008 Battin Sayanna Gangaram Gaud And Another. ... Petitioners. Versus The State of Maharashtra And Others. ... Respondents. -------- Shri. A.B. Girase, Advocate for petitioner. Shri. V.B. Ghatge, Assistant Government Pleader for respondent Nos.1 and 2. Shri. S.V. Kurundkar, Advocate, for respondent No.3. Shri. S.N. Lavekar, Advocate for respondent Nos.5 and 6. -------- CORAM: NARESH H PATIL & K.K. TATED, JJ. DATE: 8th JUNE, 2010 PER COURT : 1) Heard. 2) The petitioners claimed to be adjacent neighbour of respondent Nos.5 and 2 6. It is alleged that, respondent Nos.5 and 6 illegally constructed some portion on the subject plot. The Municipal Commissioner of Nanded Waghala Municipal Corporation issued directions to remove the said illegal construction. But so far no steps were taken and with this grievance the petitioners have approached this Court. 3) The learned counsel Shri. Kurundkar appearing for the Corporation invited our attention to the judgment delivered by the 4th Joint Civil Judge, Junior Division, Nanded in Regular Civil Suit No.981 of 2000 filed by respondent Nos.5 and 6 against the Corporation. The suit was partly decree and the defendant – Corporation was perpetually restrained from interfering in the peaceful 3 possession of the plaintiffs over the suit house. 4) The learned counsel appearing for the petitioners submits that the officers of the Corporation did not contest the suit properly. The judgment could have been challenged and interim relief could have been obtained by the Corporation, according to the counsel. 5) In the light of the order passed by the Civil Court, we do not find that in exercise of extra-ordinary writ jurisdiction under Article 226 of the Constitution of India, interference is called for. The petitioners may resort to appropriate alternate remedies as permissible in in law. 4 6) The writ petition is dismissed. Dismissal of the petition shall not affect the rights of the petitioners. Sd/- Sd/- (K.K. TATED, J.) (NARESH H PATIL, J.) rsl/ wp.4819.08