(1) ca854-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 854 OF 2011 IN WRIT PETITION NO. 9450 OF 2010 The State of Maharashtra & another APPLICANTS VERSUS Veerdhawal s/o Krishnarao Jagdale RESPONDENT .... Mr. N.B. Khandare, Govt. Pleader for the applicants/State. Mr. V.D. Hon, advocate for the respondent. .... CORAM : D.B. BHOSALE & M.T. JOSHI, JJ. DATED : 25th MARCH, 2011 ORAL ORDER : 1. Heard learned Government Pleader for the applicants/State and learned counsel for the respondent. 2. By this civil application, the State has prayed for modification of the order dated 22nd October, 2010. By that order, the applicants were directed to refund the amount to the petitioner i.e. (2) ca854-11 the present respondent as directed by the Minister within a period of eight weeks from the date of the said order. The amount that was directed to be refunded is Rs. 70,84,094/-. 3. By this application, the applicants are seeking modification of the order dated 22nd October, 2010 in view of the fact that after the order of the Minister, it revealed that the respondent had allegedly indulged in illegal excavation and in view thereof, a fine of Rs. 1,26,18,750/- has been imposed by the Tahsildar vide order dated 6th July, 2009. That order is confirmed in appeal by the Sub Divisional Officer, Karjat. Appeal against the order of the Sub Divisional Officer is now pending before the Additional Collector. In the meanwhile, the respondent filed contempt petition seeking action against the applicants for not implementing the order dated 22nd October, 2010 passed in Writ Petition No. 9450/2010. It is against this backdrop, Mr. Hon, learned counsel for the respondent, on instructions, submits that the respondent will not press the contempt petition against the applicants and that he (3) ca854-11 shall not seek refund of the amount as per the order of the Minister and/or as per the directions issued by this Court vide order dated 22nd October, 2010, till his appeal filed before the Additional Collector against the orders of Tahsildar and Sub Divisional Officer, imposing fine of Rs. 1,26,18,750/- against him, is finally decided. His statement is recorded and accepted. In view thereof, learned Government Pleader does not press this civil application. We hope and trust that the appellate authority, namely, the Additional Collector shall decide the appeal on merits in accordance with law, as expeditiously as possible and preferably within a period of three months from the date of receipt of this order. The respondent is directed to produce a copy of this order before the Additional Collector where the appeal is pending, within a period of four weeks from today. With these observations, the civil application is disposed of. [M.T. JOSHI, J.] [D.B. BHOSALE, J.] NPJ/ca854-11 (4) ca854-11