IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2808 OF 2007 WRIT PETITION NO. 2808 OF 2007 WRIT PETITION NO. 2808 OF 2007 Sau. Sumitra Naresh Dongare ] .. Petitioner Versus 1. The Tahsildar, Kalyan & 9 ors. ] .. Respondents Mr. A.A. Garge for the petitioner. Mr. C.R. Sonawane, AGP, for the respondents No.1 to 5 and 10. Ms. Saroj K. Shinde h/f Mr. A.S. Rao for the respondent No.6. Mr. S.M. Kamble for the respondent No.9. CORAM: S.B. MHASE & D.G. KARNIK, JJ. DATED: 11TH OCTOBER, 2007 P.C. : 1. This Writ Petition has been filed by the petitioner alleging that he was dispossessed of land in excess of the land which has been acquired. By filing an Affidavit-in-reply, the Government has denied this. Whether the petitioner was dispossessed of land in excess of the land which has been acquired is a disputed question of fact and cannot be adjudicated in Writ Petition. Such a question can be decided at trial in a Suit. : 2 : 2. In the circumstances, we decline to entertain the Writ Petition leaving the petitioner the remedy to prove his case in a Suit. For this reason, the Writ Petition is dismissed with liberty to the petitioner to approach the Civil Court for appropriate relief. Sd/- Sd/- [D.G. KARNIK, J.] [D.G. KARNIK, J.] [D.G. KARNIK, J.] [S.B. MHASE, J.] [S.B. MHASE, J.] [S.B. MHASE, J.]