gopi 1 wp-5046-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5046 OF 2011 Madhusudan Jaikrushna Dande ..Petitioner Vs. Ravindra Kisanlal Kshatriya & Ors. ..Respondents Mr. Prashant D. Patil, for the petitioner. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. 18 July 2011 PC: The substantive relief prayed for in this petition reads as under:- “a)This Hob’ble Court by issuing writ of mandamus or any other writ be pleased to restrained the Respondents from preventing the Petitioner from using the easementary way, right to take water from the well and from creating any obstruction for air thereby creating any obstruction for opening the window and backside door of the suit premises i.e. shop no.1,2 and 3 and 3/1 situated on Survey No.234/2A in the building known as Shivaji Building, Near Post Office, Shivaji Road, Nashik Road, Nashik.” The respondents herein are private parties. It is obvious that the dispute sought to be raised in this petition cannot be the subject matter of a Writ Petition under Article 226 of the Constitution. The petition is accordingly dismissed with liberty to the petitioner to file suit before appropriate forum. CHIEF JUSTICE GIRISH S. GODBOLE, J.