1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 709 OF 2009 (Rukhmabai Ramaji Wanjari vs. Shri Mahesh Laxmanrao Darode & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 23, 2010. Heard finally Mr. S.S. Rao, learned counsel for the petitioner, Ms. Haidari, learned counsel for respondent No.1 and Shri Kasbekar, learned counsel for respondent No.3. Mr. Rao, learned counsel points out that suit was filed on the basis of information gathered in visit to office of Municipal Council on 12.01.2008. Later on, it was revealed that the area proposed by defendant was different and, therefore, application for amendment was moved. However, the perusal of amendment application itself shows the amendment sought to be incorporated as under : “That, it is submitted that the plaintiff has visited M.C. Kamptee on 12/01/08, and has notice that the defendant No.1 has obtained No objection for the area Nimbaji Akhada Road, and the defendant want to start Floor Mill in the area Hamal Pura Road, Nazul land. It is submitted that the defendant No.1 has got no authority to start the floor mill in Hamal Pura Road, Nazul Land.” Thus, information which was within the 2 knowledge of the petitioner – plaintiff on 12.01.2008 itself and which, therefore, could have been used by him at the time of filing of suit in December 2008 or in January 2009 has not been utilized by him. The trial Court has correctly appreciated the controversy and rejected the application. No case is made out warranting any interference in writ jurisdiction. Writ Petition is dismissed. No order as to costs. JUDGE *GS.