1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.96 OF 2010 Sundarabai Baliram Patil & Ors. ...Petitioners Vs. Janardan Bhiva Bhoir & Ors. ...Respondents Mr.Sushil C. Matkar a/w.Mr. Shivaji P.Yadav and Mr. Sujeet G. Kurup i/b. Corpslegal Advocate for Petitioners Mr.D.S.Sawant i/b. Mr. Rajesh B. Parab Advocate for Respondents 1 to 3 Mr. S.D.Panikar, A.G.P for the State/Respondent No.4 CORAM : SMT.ROSHAN DALVI, J. DATED : 6TH JANUARY, 2010 P.C. : Rule. By consent made returnable forthwith. 1.The Petitioners claim title in the land concerned in this Writ Petition in respect of which various orders mentioned in prayer (b) of the Petition have been passed by the relevant Authorities. The Petitioners have only produced mutation entries to show their right mutated from their earliest predecessor-in-title Kalu Patil who is the father of Shiva Patil and the great great grandfather of the Petitioners. The Petitioners have not produced any documentary evidence to show 2 their title. The land is in village Palebudruk. One village Padghe was included in village Palebudruk earlier. The Authorities have held that the land belongs to village Palebudruk. 2.Upon taking instructions, Counsel on behalf of the Respondents 1 to 3 states that the villagers of the village use the land as open land on which only grass is grown and would not put up any construction thereupon. However, he submits that under the Village Panchayat Act,the Village Panchayat may, by resolution, resolve and decide to utilise the lands for any purpose. It would be for the Petitioners to have their title adjudicated in the Civil Court. 3.The Petitioners claim their title individually. The mutation entries show the names of the heirs and legal representatives of the earliest predecessor in title recorded. The Petitioners may have their rights adjudicated in Civil Court within 8 weeks from today. 4.The Respondents including the State shall not create any 3rd party rights in any manner in the Survey No. 166/1A for a period of 8 weeks from today. 5.Rule is granted accordingly. The Writ Petition is disposed off accordingly. (SMT.ROSHAN DALVI, J.)