JUDGMENT

S. V. Gangapurwala, J. - The petitioner seeks directions against the respondents prohibiting them from carrying out work of Overhead Water Tank Reservoir in the open space of the layout in land Gut No.165/1, 165/2 and 171/5 at village Harsul, Taluka and District Aurangabad.

2. Mr. Bajaj, learned Advocate for the petitioner submits that the petitioner is owner and purchaser of Plot Nos. 1 to 11 of the layout carved out of Gut No. 165/1, 165/2 and 171/5 at village Harsul, Taluka and District Aurangabad under registered Sale Deed dated 19.07.2000. Plot Nos. 6 to 11 purchased by the petitioner are adjacent to the open space. The open space of the layout is handed over to respondent no. 2 - Aurangabad Municipal Corporation by the Developer / owners under registered Relinquishment Deed dated 13.09.2001. The petitioner noticed construction activity over the open space attached to his Plot Nos. 6 to 11. Upon enquiry the petitioner got the knowledge that respondent no. 2 through respondent no. 3 has undertaken the project of water supply to Aurangabad city and are constructing water reservoir tanks for distribution of water to nearby area. According to the learned Advocate, utility a