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.763 of 2008. Writ Petition No.763 of 2008. Writ Petition No.763 of 2008. Babuji Sadhu Nagare ..Petitioner versus Kacheshwar T.Nagare & Anr. ..Respondents Mr.Suresh Sabrad for the Petitioner Coram : S.C.Dharmadhikari, J. Coram : S.C.Dharmadhikari, J. Coram : S.C.Dharmadhikari, J. Dated : 5th February, 2008 Dated : 5th February, 2008 Dated : 5th February, 2008 P.C. 1 The Petitioner is aggrieved by the Order passed by the Commissioner rejecting the Revision Application and confirming the Order of the Sub Divisional Officer. 2. The Sub Divisional Officer, by his Order dated 10th December, 1982 ordered that the original opponent Ramesh Punja Nagare is the owner of the Gut No.305, so also is in possession of Five acres of land out of Survey No.327 as per the map produced on record. In such circumstances, he is entitled to be restored the said portion. 3. That order has been confirmed by the Addl. Commissioner, Division Nasik. The Petitioner filed -2- Revision Application before the State Government, which has been dismissed as not maintainable. 4. My attention is invited by Shri Sabrad to Section 138 of the Maharashtra Land Revenue Code. A bare perusal of this provision would indicate that whenever any action is taken for settlement of boundaries and the Order of ejectment is made against any person who is found to be in wrongful possession, then the said order is subject to the appeal and revision. However, sub section 4 of Section 138 provides that that a Civil Suit to establish the title by a person who has been ejected or is about to be ejected from any land under Section 138(2) is maintainable. 2. Mr. Sabrad, therefore, prays for Leave to withdraw this Writ Petition with liberty to file a suit on title. The request is granted. Writ Petition is allowed to be withdrawn with liberty to file a Civil Suit. However, for a period of two weeks from today, the petitioner shall not be dispossessed or evicted, if already not evicted. (S.C.Dharmadhikari, J.) (S.C.Dharmadhikari, J.) (S.C.Dharmadhikari, J.)