wp4654-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4654 OF 2011 Dnyaneshwar V. Rayate & Ors ..Petitioners versus Ratan Parvat Rayate & Ors ..Respondents Mr.Dnyaneshwar Deshmukh for the petitioners. CORAM : S.C.DHARMADHIKARI, J. 12th July 2011. P.C.: . Heard learned advocate appearing for the petitioners. Perused the order passed by the Sub Divisional Officer, Niphad Division, Niphad, reversing the order of the Tahsildar and allowing revision application preferred by the opponents. 2 The Sub Divisional Officer has given several reasons which prima facie appear to be substantial for rejecting the claim of the present petitioners and allowing the revision wp4654-11.doc 2 application. His finding that whether there was an old existing road which was utilised for passage or whether the road exists or not, are two distinct matters and for the latter, the remedy of the parties lies elsewhere, requires no interference in the writ jurisdiction, because the same is based on the materials produced before him. Resultantly, writ petition fails and it is dismissed. Needless to clarify that if the petitioners approach the competent Civil Court and claim appropriate declaration with regard to their title and also a right of way, nothing prevents that Court from deciding that issue and while deciding it, it should not be influenced by the observations in the impugned order. (S.C.DHARMADHIKARI, J)