1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3797 OF 2009 Sarvodaya Vidyarthi Vasti Gruha .... Petitioner V/s. The Tahasildar, Barshi and Ors. ..... Respondents Mr.I.M.Khairdi, for the petitioner. Mr.V.S.Gokhale, AGP, for respondent Nos.1 to 5. CORAM :P.B.MAJMUDAR & R.G.KETKAR, JJ. DATE : 05TH APRIL, 2010 P.C. 1. By way of this petition, the petitioner has prayed that the respondent authority may be directed to acquire the disputed land, which according to the petitioner, is in ownership. But the same has been unauthorizedly used by members of Matanga community. It is the case of the petitioner that open land of the petitioner is being used by the community people and they are using the land for the purpose of burial ground. 2. If the petitioner’s land is unauthorizedly used by somebody, the petitioner can take appropriate proceedings for eviction or may take restrain order by filing a civil suit. Simply because land is being used, this court cannot compel the government to acquire such land. Having 2 realized this difficulty, learned counsel for the petitioner submitted that the Government should provide burial ground to the community people. However, it is for the community people to make an application in this behalf with the State Government. If any application is made, the State Government shall consider the same in accordance with law. No relief can be given in this behalf to the petitioner. It will be open to the petitioner to take out appropriate civil proceedings restraining unauthorized use of the land. 3. Subject to what is stated above, the writ petition is dismissed. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J. )