:1: bgp bgp bgp IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION NO.1780 OF 2008. PETITION NO.1780 OF 2008. PETITION NO.1780 OF 2008. Dnyaneshwar Dashrath Hoge & Ors. ..Petitioners Vs. Secretary to the Government of Maharashtra & Ors. ..Respondents Mr.N.V.Veechalekar for petitioners. Mr.C.R.sonawane, AGP for respondent Nos.1 to 3. Mr.Vilas B.Tapkir for respondent No.4. CORAM CORAM CORAM :- V.C.DAGA & :- V.C.DAGA & :- V.C.DAGA & MRS.MRIDULA MRS.MRIDULA MRS.MRIDULA BHATKAR,JJ. BHATKAR,JJ. BHATKAR,JJ. DATE DATE DATE : 27TH FEBRUARY,2009 : 27TH FEBRUARY,2009 : 27TH FEBRUARY,2009 P.C. P.C. P.C. 1. Heard learned Counsel for parties. 2. The Petitioners are challenging the notice issued by Respondent No.4 - Agricultural Produce Marketing Committee, whereby petitioners have been asked to remove encroachment. The petitioners submit that the structure which they are occupying is within the area of Respondent No.4 who holds the property card in respect of the City Survey No.5127 admeasuring 4000 sq.mtr. The map of the area of Respondent No.4 is filed on record. However, nowhere the structure in the map is shown. It is not possible for the Writ Court to find out whether the structure occupied is within the area of Respondent No.4 or not. :2: 3. Under these circumstances, the petitioners can pursue the alternate remedy wherein the disputed question of fact can be gone into. In this view of the matter, petition is dismissed in limine. No order as to costs. All rival contentions of the parties are kept open. (MRIDULA (MRIDULA (MRIDULA BHATKAR,J.) BHATKAR,J.) BHATKAR,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.)