-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7017 OF 2009 Dr. Murlidhar D. Warunjikar ... Petitioner vs. The State of Maharashtra and another ...Respondents Mr. U.P. Warunjikar for the petitioner. Mr. V.S. Gokhale, AGP, for respondent No.1. Mr. P.B. Shah for respondent No.2. CORAM: P.B. MAJMUDAR & MRS. MRIDULA BHATKAR , JJ. DATE: NOVEMBER 24, 2010. P.C. The grievance of the petitioner is that at the relevant time when the appeal was filed before the Director of Town Planning, he was under the bona fide belief that Satara is not a “A” Class Municipal Council. The Director of Town Planning took the view that Satara is a “A” Class Municipal Council and appeal is required to be filed before the Urban Development Department of the State Government. In our view, the appeal of the petitioner is required to be decided on its own merits. The petitioner by mistake has filed the appeal before the Deputy Director of Town Planning within time limit of 40 days as prescribed under Section 47 of the M.R.T.P. Act, 1966. That appeal now be treated to have been filed before the Urban Development Department of the State Government. The petitioner is permitted to file a fresh appeal accordingly before the Urban Development Department within a period of two weeks from today. If such an -2- appeal is filed, the Urban Development Department may decide the appeal preferably within a period of three months from the date of filing of such appeal on its own merits, without rejecting the same on the ground of limitation. 2. Subject to what is stated above, the petition is disposed of. P. B. MAJMUDAR, J. MRS. MRIDULA BHATKAR, J.