1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1050 /2011 CIVIL APPLICATION(W) NO.2850/11) (Depressed Class Education Society vs. State of Maharashtra and others ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ DATED : 21st October, 2011. Heard Advocate A.R. Patil for petitioner; Mr. Parihar, learned AGP for respondents 1 to 3 and Mr Dhatrak for respondent no.4. The petitioner claims that when it sought allotment of land for extension of its School, it was not granted by giving inconsistent reasons. Later on, the respondent no.3 has started raising construction on very same portion that too without any sanction from respondent no.4-Municipal Council. Advocate Patil states that even if the land is presumed to be reserved for public park and/ or even for road, as claimed by the respondents, erection of such building by Sub-Divisional Officer on it cannot be permitted. He is relying upon the averments made in Civil Application (W) No. 2850/2011 for said purpose. Our attention is also invited to photograph annexed as Annexure “W” along with said 2 application. Learned AGP Mr. Parihar as also Mr.Dhatrak is also opposing the petiiton. We have perused the photograph. We find that ground floor slab is already laid and pillars and beams of first floor are also constructed. The slab of said floor was to be put when that photograph was taken. The date on which said photograph is taken is not disclosed in application for amendment. In this view of the matter, as we find that certain disputed questions arise and construction undertaken by SDO has already progressed further, with liberty to the petitioner to take such other steps as are open to it in law, we dispose of the petition. JUDGE JUDGE sahare