1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3305 OF 2008 Sudeep Manoharlal Tandon. ...Petitioner. Vs. The State of Maharashtra & Ors. ...Respondents. .... Mr. P.S. Dani with Bilu Rajnor & Mr. S. Raghani i/b. DSK Legal for the Petitioner. Mr. V.A. Sonpal,AGP for Respondent Nos.1 to 3. Mr. Niru Khanna, Respondent No.5 present in person. ..... CORAM :DR.D.Y.CHANDRACHUD & K.U. CHANDIWAL, JJ. May 14, 2008. P.C.: Against the order passed by the Tahsildar under the Mamlatdar Courts Act, 1906, and the order passed thereafter in revision by the Sub Divisional Officer, Panvel Division, Panvel, on 18th May 2004, the Petitioner has instituted a suit being Suit No.124 of 2007 seeking a declaration to the effect that there exists no right of 2 way and that the villagers have no right to pass through the Petitioner's land. From the photographs which have been produced before the Court by Counsel appearing on behalf of the Petitioner, it would, prima facie, appear that three poles have recently been erected by the Petitioner and the grievance of the Respondents, more particularly of the Fourth Respondent is that the poles have been erected in order to obstruct the movement of the bullock carts on the right of way which is found to be existing in both the orders passed by the authorities below. At this stage, it would neither be appropriate nor proper for this Court to entertain the petition under Article 226 of the Constitution of India. The Petitioner is at liberty to pursue such remedies as are available in law for asserting the claim for interim relief in the pending suit. In the event that such an application is made, that would be considered on its own merits by the Learned Trial Judge without the observations in this order being regarded as the expression of a conclusive opinion on the merits of the rival contentions. In the circumstances, it is not necessary to keep these proceedings alive 3 any further. The Writ Petition is accordingly disposed of. DR. D.Y. CHANDRACHUD, J. (VACATION JUDGE) K.U. CHANDIWAL,J. (VACATION JUDGE)