1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5475 OF 2008 WRIT PETITION NO. 5475 OF 2008 WRIT PETITION NO. 5475 OF 2008 Bhaskar Booba Sheety ... Petitioner Versus State of Maharashtra & Ors. ... Respondents Mr. Uday P.Warunjikar, Advocate, for the petitioner. Mr. P.P.Kakade, AGP, for Respondent Nos.1 & 2. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. DATE: 3rd October, 2008. DATE: 3rd October, 2008. DATE: 3rd October, 2008. P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. 2. The petitioner seeks a direction from this Court to the Respondents to allow the petitioner to reconstruct the portion allegedly demolished by them without the authority of law. This is question of fact will have to be decided. 3. One of the respondents has filed an affidavit in which he has stated that the structure, which is 2 referred to in the Petition, was an unauthorised structure. Since the question of fact will have to be decided, we do not think that this Petition can be maintained. The Petition is accordingly dismissed. 4. However, the Petitioner is at liberty to take any remedy that may be available to him in law. (BILAL NAZKI, J.) (BILAL NAZKI, J.) (BILAL NAZKI, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.)