skc 1 WP-7451-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7451 OF 2011 WITH CIVIL APPLICATION NO. 1963 OF 2011 Ganesh Dyanoba Boddu & Ors. ..Petitioners versus State of Maharashtra & Ors. ..Respondents Mr. Ashok B. Tajane for Petitioners. Mrs. A. D. Vhatkar - Assistant Government Pleader for Respondents. CORAM : D. D. SINHA AND SMT. V. K. TAHILRAMANI, JJ. 20 September 2011 P.C. : Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the State - respondents. 2. The writ petition is directed against the order dated 31st March 2011 passed by the Collector as well as notice dated 25th August 2011 issued by the Tahsildar South Solapur. skc 2 WP-7451-11 3. The following facts are not in dispute: That the petitioners on earlier occasion approached this Court by filing writ petition no. 8358 of 2009 and canvassed the grievance that even though they had made representation to the Collector, Solapur for regularising the encroachment on the land bearing Gat No. 53/1 situate at Gram Panchayat Mulegaon, Tanda, the same has not been disposed of by the Collector. This Court disposed of the petition vide Order dated 11th June 2010 with direction to the Collector to decide the representation preferred by the petitioners, if not decided earlier. Pursuant to the said Order, the Collector decided the representation of the petitioners on its own merits and in accordance with law by impugned order dated 31st March 2011. In the said order it is specifically mentioned that the possession of the land in question was never handed over to the petitioners nor the land was in their possession at any point of time and therefore question of regularising the unauthorised structure in a case of the petitioners does not arise. 4. The learned Assistant Government Pleader has submitted that in view of the order passed by the Collector, the Tahsildar shall withdraw the notice dated 25th August 2011. The counsel for the petitioners has submitted otherwise. skc 3 WP-7451-11 5. On the backdrop of the above referred facts, it is evident that the issue involved in the present writ petition is disputed question of fact and therefore it is difficult for us to adjudicate upon the same by exercising jurisdiction vested in this Court under Article 226 of the Constitution of India. 6. So far as contention canvassed by the learned counsel for the petitioners that if the petitioners have not encroached upon the land of the State Government what was the occasion for the Tahsildar to issue notice dated 25th August 2011 for removal of unauthorised construction. The learned Assistant Government Pleader has already made a statement that the Tahsildar shall withdraw the said notice. 7. In the circumstances, no case is made out for showing indulgence. Writ petition is dismissed. The civil application is also disposed of accordingly. (D. D. SINHA, J.) (SMT. V. K. TAHILRAMANI, J.)