1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3611 OF 2009 WITH CIVIL APPLICATION NO.1370 OF 2009 ... Shri Yashwant Tukaram Raut ...Petitioner v/s. The State of Maharashtra & ors..Respondents ... Mr.K.N.Kore for the Petitioner. Mr.B.D.Joshi for Respondent No.5. Mr.V.S.Gokhale, AGP for Respondents Nos.1,2 & 6. Mr.G.S.Hegde i/b G.S.Hegde & Associates for Respondents Nos.3 & 4. ... CORAM: D.K.DESHMUKH, & K.K.TATED, JJ DATED: 17th December,2009 2 P.C.: 1. The complaint of the Petitioner in this petition is that the State Government and the Municipal Corporation have taken in their possession more land of the Petitioner than was acquired under the Land Acquisition Act. 2. This position is disputed both by the Corporation and the State Government. According to them they are in possession of the land which has been acquired and nothing more. This is clearly a disputed question of fact incapable of being resolved in writ jurisdiction of this Court. 3. The learned Counsel appearing for the Petitioner relied on the judgment of the Supreme Court in the case of City and 3 Industrial Development Corporation v/s Dosu Aadreshir Bhiwandiwala and ors, 2009(1) SCC 168 to contend that this court should decide the question involved in this petition. The facts in the case of City and Industrial Development Corporation referred to above are that because of affidavit filed on behalf of CIDCO it was admitted position before the High Court that CIDCO was in possession of private land which was not acquired either by agreement or by compulsory acquisition. In this sitution, the High Court dispose of the petition by directing the State Government to acquire the land. In our opinion, the question involved in that case before the Court was totally different. There was no dispute in that case that CIDCO was in possession of the land which was not duly acquired. In the present case, there is a dispute between the parties the Respondents 4 are disputing that they are in possession of any land which is not acquired. Petition, therefore, cannot be entertained. It is disposed of. In view of disposal of Writ Petition, Civil Application No.1370 of 2009 is also disposed of. Certified copy expedited. (D.K.DESHMUKH, J.) (K.K.TATED, J.)