1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2187 OF 2010 Rajabhau Shankar Salgar .... Petitioner V/s. The Settlement Commissioner & Director of Land Records, Maharashtra State, Pune and Ors. ..... Respondents Mr.I.M.Khairdi, for the petitioner. Mr.V.S.Gokhale, AGP, for the respondent – State. CORAM :P.B.MAJMUDAR & R.G.KETKAR, JJ. DATE : 19th MARCH, 2010 P.C. 1. According to the petitioner, he is the owner of an open land wherein some encroachment has been made by the encroachers. Learned counsel for the petitioner submitted that the Government should remove the encroachment. In order to substantiate his say, learned counsel for the petitioner has relied upon certain revenue entries, wherein initially in the revenue record the land was shown in the name of the Government, which entry was subsequently deleted and entry in the name of the petitioner was mutuated. So far as revenue entry is concerned, it is only for fiscal purpose. The petitioner has not given any particulars about the alleged encroachers, nor any name of the encroachers is also given in the petition. The petitioner is not in a position to say since how long encroachment is in 2 existence. Learned counsel for the petitioner submitted that the petitioner is the owner of the land which is a open plot. If that is so, naturally petitioner could have protected his possession by evicting the alleged encroachers from the said land. The petition lacks about the particulars about those who are in possession. 2. Learned AGP submitted that such dispute question cannot be decided by this Court in its extra ordinary jurisdiction under Article 226 of the Constitution of India. In our view, appropriate remedy available to the petitioner is to file civil suit and lead appropriate evidence and ask for possession from the alleged encroachers, if any. Considering the aforesaid fact, this is not a case in which this court would like to exercise its discretion and decide such highly disputed question of facts. In our view, it is always open to the petitioner to file a civil suit before the appropriate forum. 3. Subject to what is stated above, the petition is dismissed at admission stage. It is clarified that if any civil suit is filed, whatever observations made herein may not be taken into account while deciding the suit and we have not expressed any opinion on the merits of the subject matter. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J.)