1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 5656 OF 2009 (Mataruprasad s/o. Buddhuram Gupta .vs. Chief Executive Officer, Z.P., Chandrapur and Ors.) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr.U.K.Bisen, Adv. for the petitioner, Mr.V.A.Thakare, A.G.P. for respondent nos. 2 to 6, and Mr.S.C.Mehadia, Adv. for respondent nos. 7 to 10. CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ. DATED : SEPTEMBER 28, 2011. We have been hearing the learned Counsel appearing on behalf of the respective parties since long. There are allegations of filing of Civil Suit by the petitioner and then execution of sale deeds and also of compromise - whereunder it is alleged that he agreed to withdraw Civil Suits. Mr.Bisen, Adv. has pointed out that the said Civil Suits were in relation to Survey No.83/2 and the petitioner also owns other lands bearing Survey Nos. 86, 93 and 94 which are beyond the road in dispute. 2 He, however, points out that, after the judgment of this Court in the case of Vinayak s/o. Shankarerao Bapat and Ors. vs. The Superintendent of Police, Chandrapur and Ors. reported in 2006 ALLMR (Cri.) 2044, as per the directions issued therein in paragraph 29, Joint Committee under the chairmanship of Collector has been constituted and the petitioner has made grievance before that Committee. The Talathi has, in those proceedings, submitted a report showing that there is encroachment. Our attention is invited to the other report dt.1.11.2009 and it is contended that, thereafter, there is no further progress and hence, this petition is required to be filed. Smt. Neeta Jog, Adv. for respondent no.1, Mr.V.A.Thakare, A.G.P. for respondent nos. 2 to 6 and Mr.S.C.Mehadia, Adv. for respondent nos. 7 to 10 are opposing the petition. They contend that the petitioner has filed the petition only to harass and appropriate remedy before the Civil Court is already taken recourse to. Learned A.G.P. is relying upon subsequent report of Circle Officer dt.11.8.2011 to urge that there is no encroachment. Mr.Mehadia, Adv. has attempted to place before us certain photographs to substantiate his contention. 3 We find that some disputed questions arise and the petitioner has already approached the competent Authority. The Authority has also taken cognizance of his grievance and accordingly, the Talathi had submitted report on 1.11.2009. Those proceedings, therefore, need to be prosecuted further. Opportunity to respondent no.7 in those proceedings also needs to be given. In this situation, without recording any finding, we direct respondent no.2 to proceed further with the grievance of the petitioner and after giving all concerned necessary opportunity in accordance with the principles of natural justice, to make an attempt to decide/settle the matter in accordance with law, as early as possible and in any case, within a period of six months from the date of communication of this order to him. With liberty to the aggrieved party to challenge such order in accordance with law, we dispose of the petition. JUDGE JUDGE jais