{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4796 OF 2009 Girdharilal Kunjilal Tiwari PETITIONER VERSUS The State of Maharashtra and others RESPONDENTS ....... Mr.R.B.Bagul h/f Mr.P.N.Kutti, Advocate for petitioner Mr.V.H.Dighe, AGP for respondent State ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 24th July 2009 PER COURT: 1. This is a petition under Article 226 of the Constitution of India by which the petitioner prays for issuance of a writ of mandamus directing respondent No.2 to decide application No. 2230/2008. 2. It appears that the petitioner, who is aggrieved by the alleged illegal construction of the respondent, had filed application before the collector for taking appropriate steps. The aforesaid application, we are informed, is still pending. The petitioner, {2} therefore, has filed the present writ petition seeking issuance of a writ directing the Collector to decide the same. It appears that the petitioner has filed a civil suit in the Court of Civil Judge, Junior Division, Bhusawal in which the petitioner has challenged the illegal construction and has also prayed for demolition of the said illegal construction. In the light of pendency of the civil proceedings before Civil Court, according to us, it would not be proper to direct the Collector to decide the application of the petitioner. In the light of that, therefore, there is no merit in the petition and the petition is, therefore, summarily dismissed with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp4796-9