1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.445 OF 2008 1.Shri.Samudreshwar Deo, Devrashtre, a public trust by and through its trustees. ...Petitioner. vs. 1.The State of Maharashtra & ors. ...Respondents. --- Mr.G.S.Godbole i/b. Jai Mhaskar & Nitin Mulye, for Petitioner. Mr.C.R.Sonawane, AGP for Respondents 1 & 2. Mr.A.M.Kulkarni, for Respondent no.4. CORAM: D.K.DESHMUKH & R.Y.GANOO, JJ. DATED: 11th June, 2008. 2 P.C.:- 1. By this petition, the petitioner challenges the order by which the State Government has allotted land to the respondent no.4. The challenge of the petitioner to the order is on the ground that the petitioner has title to the land. In our opinion, if it is the claim of the petitioner that it has title to the land, his remedy is to file civil suit and get declaration in relation to title of the land. If the Civil Court declares that the petitioner has title to the land, the Government has no authority to allot the land which belongs to the petitioner. The claim of the petitioner that he has title to the land is a disputed question of fact, and therefore, the appropriate remedy is to file a civil suit for declaration of its title. The petition cannot be entertained, hence, it is disposed of. (D.K.DESHMUKH, J.) 3 (R.Y.GANOO,J.) ---