ASN 1 WP-3349.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3349 OF 2011 Nuclear Power Corporation of India Ltd. ..Petitioner. Vs. The State of Maharashtra and anr. ..Respondents. Mr. Girish Kulkarni along with Harshal K. Bhalerao and Hrishikesh Amembal i/by M/s.Rajesh Kothari & Co. for the Petitioner. Mr. V.D.Patil, Govt. Pleader for Respondent-State. CORAM : MOHIT S. SHAH, C. J. AND D. G. KARNIK, J. Wednesday, 27 th April, 2011 PC: This petition under Article 226 of the Constitution is directed against the order dated 28th February, 2011 passed by the Tahsildar, Palghar, District Thane and the consequential demand notice dated 7th March, 2011 by the same officer calling upon the petitioner to pay a sum of Rs.4,98,88,839/- towards the royalty including penalty on the ground that the petitioner-Corporation has made excavation of minerals i. e. extraction of stones without the permission of the competent authorities. 2 The learned Government Pleader opposes the petition on the ground that the petitioner-Corporation has equally efficacious remedy of appeal before the Sub Divisional Officer under Section 247 of the Maharashtra Land Revenue Code. ASN 2 WP-3349.sxw 3 The learned counsel for the petitioner-Corporation however, submits that respondent No.2 has attached the property of the petitioner-Corporation and they will suffer irreparable loss and injury if the order of attachment is further acted upon. 4 Having heard the learned counsel for the parties, we are of the view that, interests of justice will be served if the petition is disposed of with the directions that if the petitioner prefers appeal before the appellate authority within two weeks from today and also deposits an amount of Rs.4,98,88,839/- towards the royalty excluding the penalty with respondent No.2-Tahsildar, Palghar without prejudice to its rights and contentions, within two weeks from today, the respondents shall not proceed with the recovery of the balance i. e. the amount of penalty till the disposal of the appeal. In other words, this protection is granted against the recovery of penalty amount only. This protection will be available upon the petitioner filing an undertaking before this Court undertaking to comply with the above conditions. 5 The petition is accordingly, disposed of. CHIEF JUSTICE D.G. KARNIK, J.