IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2946 OF 2008 Shri Ramhari Laxman Kalamkar & Anr. ...Petitioners Versus Harichandra Shankar Kokate & Anr. ...Respondents ...... Mr.S.R.Ganbawale i/b Mr.Anil Subramaniam for Petitioners. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JULY 8, 2008. JULY 8, 2008. JULY 8, 2008. P.C. P.C. P.C. 1. Having regard to the reasons recorded in Paragraph 8 of the impugned decision, no fault can be found with the ultimate conclusion reached by the Court below. The finding of fact recorded by the two Courts below being concurrent finding and based on, amongst others, report of the TILR that no access to road was available to the Petitioner, there is no reason to entertain this Writ Petition. : 2 : 2. The grievance of the Petitioner is that the Petitioner in fact had availed of remedy under the Revenue Law by filing application before the Mamlatdar which has been partly allowed in his favour but has been interdicted by the Collector in an appeal. The fact remains that the opinion of the Mamlatdar, even if partly in favour of the Petitioner, has been kept in abeyance by the Collector. The Petitioner, if so advised, may take recourse to appropriate remedy to challenge the decision of the Collector in which the question of granting reasonable access to the Petitioner can be addressed. 3. The fact remains that as at present, there is no access to the Petitioner from the suit property as has been noted in the TILR’s report. On that finding, the Courts below have proceeded to pass interim order against the Petitioner, which needs no interference. Hence, dismissed. 4. Needless to observe that the Revenue Authority will have to consider the matter on its own merits in accordance with law, uninfluenced by : 3 : the observations in the impugned decisions or for that matter, the present matter, which is only for the limited purpose of considering prayer for injunction in the pending Suit. Sd/- A.M.KHANWILKAR, J.