1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6884 OF 2009 Kiroha Engineering Pvt. Ltd. : Petitioners. Versus The State of Maharashtra & ors. : Respondents. Mr S U Kamdar, Senior Advocate a/w Ms Munim i/by M/s.Rajesh Kothari & Co. for the Petitioners. Mr C R Sonawane, AGP, for the Respondent No.1. CORAM : S B MHASE & R M SAVANT, JJ. DATE : 27th August 2009 P.C. 1. Heard. The Petitioner-Company has accepted the possession of the plot in August 1995 when the MSEB transformer was already existing in the said plot of land. Now the Petitioner-company seeks directions for removal of the said transformer. It is an admitted fact that the Petitioner-company has accepted the possession being aware of the existence of the said transformer. In our view, therefore, the Petitioner can file appropriate proceedings in the Civil Court based on the contractual rights if any. 2. The demand for additional premium for non development of the plot within the stipulated time is a matter between the MSEB and the Petitioner and is in the realm of contract. The Petition also suffers from 2 latches and delay. For the aforesaid reasons we do not deem it appropriate to exercise our writ jurisdiction. The above Petition is accordingly dismissed. [R.M.SAVANT, J] [S.B.MHASE, J]