wp247-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.247 OF 2011 Smt.Sayyed Tabassum Parveen Mohammed Shariff .. Petitioner Versus The State of Maharashtra & ors. .. Respondents Mr.P.S.Sethi i/b. Mrs.A.R.Awasthi for petitioner Mr.G.W.Mattos AGP for respondent No.5 Ms.M.B.Gawde i/b. Mr.Y.E.Mooman for respondent No.4 CORAM: S.C.DHARMADHIKARI, J. DATE : 28th FEBRUARY 2011 P.C. 1] On the own showing of the petitioner there is a dispute about the facts. The petitioner has produced a document which shows, according to him, that the petitioner’s husband had a ration shop and the area as certified by the Rationing Authority is 225 sft. At the same time, reliance is placed on page 139 of the petition paperbook, which according to the learned Advocate for petitioner, is a document filed by certain persons and the developer in the civil court. This document is stated to be forming part of some consent wp247-11.doc 2 terms. It is stated that the petitioner’s entitlement is mentioned therein as 350 sft., although the old area is stated to 134.11 sft carpet. In such circumstances and when the Board placed before the Court the documents produced by the Dy.Engineer, working in the office of Executive Engineer, Building Reconstruction Board, the learned Advocate for petitioner states that the petitioner would like to seek enforcement of the commitment made in the document at page 139 and would also rely upon some documents to show that petitioner’s entitlement is much more than what is certified by the Statutory Authority. In these circumstances, the petition, on the own showing of petitioner, involves disputed questions of facts and it is accordingly dismissed. No costs. (S.C.DHARMADHIKARI, J)