1 wp3991-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3991 OF 2011 Arun Yeshwant Pandit .. Petitioner versus Uttam Steel Pvt Ltd & Ors .. Respondents Mr.S.G.Karandikar for the petitioner. Mr.D.A.Patil i/by Milind Parab & Associates for respondent No.1. CORAM : S.C.DHARMADHIKARI, J. 25th July 2011. P.C.: . Heard both sides. The challenge in this writ petition is to the order passed by the Additional Commissioner, Konkan Division dated 30th March 2011 and the order of the Additional Collector, Sindhudurga dated 30th March 2010. 2 Mr.Karandikar appearing on behalf of the petitioner submits that in the garb of carrying out measurements at site, what the Additional Commissioner has directed is, virtual sub-division of the properties. Such sub-division is not within his powers and if the aggrieved 2 wp3991-11.doc respondents wish to seek such a relief, they must approach a competent Civil Court. 3 On the last occasion, this matter was placed before me and argued for some time, but adjournment was sought so as to enable the contesting respondents to take instructions as to whether the exercise directed to be undertaken by the authorities would mean sub-dividing the property or they would be satisfied with the measurements being carried out at the site. 4 Mr. Parab, learned counsel appearing for respondent No.1 states that all that the said respondent is seeking at this stage, is the measurement and not any sub-division. Mr.Karandikar states that the petitioner had not objected to any measurement at site, but, on the basis thereof, the sub-division of the properties cannot be directed. In the light of the fact that the 1st respondent has clarified that it is not seeking any sub-division of the property at this stage, but, only measurement of shares, interest of justice would be served if this writ petition is disposed off with a direction that the order of the Additional Collector as also that of Additional Commissioner shall only enable 3 wp3991-11.doc the measurements to be carried out at the site and no other steps, including sub division of the said properties, can be carried out unless and until the issue is resolved by a competent Civil Court. Needless to state that the petitioner has already filed a civil suit and, therefore, both, the petitioner and the 1st respondent, being party thereto, they would have to abide by the final outcome thereof. All contentions on merits of the dispute are kept open. Writ petition disposed off in the above terms. No costs. (S.C.DHARMADHIKARI, J)