(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 7690 OF 2005 Syed Ahmed Ali s/o. Syed Mansoor Ali, Died through L.Rs., Smt. Zaheerabee w/o. Syed Ahmed Ali & others. .. Petitioners. versus The State of Maharashtra, through the Chief Minister, Mantralaya, Mumbai, & 5 others. .. Respondents. .......................... Mr. M.S. Choudhari, Advocate, for the petitioners. Mr. S.K. Tambe, Assistant Government Pleader, for respondent nos.1 to 5. Mr. S.G. Rudrawar, Advocate, for respondent no.6. .......................... CORAM : B.R. GAVAI & R.K. DESHPANDE, JJ. DATE : 20TH JULY 2009. (2) COURT'S ORDER : 1. The main reliefs prayed in the present petition are as under : (B) To direct the respondent no.5 to measure and fix the boundaries of service inam lands of Dargah Shaikh Shahbuddin Sahar Wardi (R), Nilanga, Survey No. 186 and 217 of Nilanga. (D) The respondent no.1 may kindly be directed to hold inquiry against Respondent nos.2 to 4 in respect of not putting the inam lands Survey No. 186 and 217 of Nilanga on Ek-sala-lavni since the year 1988 to till this date and for causing loss, damages to the lands and allowing encroachments over the lands, and to punish them accordingly and to recover from them the compensation towards the loss and damages caused to the said service inam lands. 2. In so far as prayer clause "B" is concerned, the petitioners have alternate efficacious remedy available to them under the Maharashtra Land Revenue Code, 1966. In that view of the matter, we are not inclined to entertain the present petition, in so far as prayer clause "B" is concerned. 3. In so far as prayer clause "D" is concerned, we find from the perusal of the pleadings, that there are various disputed questions of fact involved in the present petition which, we find that cannot be gone into by this court in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India. Apart from that, there are certain civil disputes pending between the parties. 4. We are, therefore, not inclined to entertain the present petition (3) under Article 226 of the Constitution of India. The petitioners, if so desire, can avail of the remedy before appropriate forum. 5. Petition is, therefore, dismissed. ( R.K. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp7690