1wp-4141-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION STAMP No.4141/2010 Essar Telecom Infrastructure Pvt Ltd .. .. Petitioner. v/s The Collector, Dist Thane and others.. .. Respondents. Mr F. De Vitre, Sr. Counsel a/w H. Rahman i/b M/s D.H.Law Associates for the Petitioner. Mr S.R.Nargolkar, A.G.P., for Respondent Nos. 1 to 3. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 23rd FEBRUARY,2010 P.C.:- 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. In our opinion, the learned Assistant Government Pleader appearing for Tahsildar, Thane is right in submitting 2wp-4141-10 that what has been issued by the Tahsildar is only a show cause notice to the respondent Nos. 4 to 34 Societies/owners to show cause why for using a part of the property for different purpose, assessment and fine should not be recovered from them. Therefore, we do not see any reason to interfere at this stage because it is only a show cause notice which has been issued and against the order that may be made by the Tahsildar pursuant to the show cause notice, remedy to file an appeal is provided by the Maharashtra Land Revenue Code, 1966. In our opinion, following order would meet the ends of justice. 3. The petitioners and Societies/owners to whom the show cause notices have been addressed are free to submit their explanation before the Tahsildar, Thane within a period of two weeks from today in case the period for submitting explanation fixed by the Tahsildar is already over. The explanations that may be submitted by the petitioners and the Societies/owners are concerned shall be considered by the Tahsildar in accordance with law and shall be disposed off by a reasoned order. In case the Tahsildar by his order finds that any amount is recoverable from the Societies/owners or from the petitioners, then coercive action for recovering the amount shall not be taken till the period provided by Section 250 of the Maharashtra Land Revenue Code, 1966 for filing 3wp-4141-10 appeal against the order of the Tahsildar expires. It goes without saying that presently, only show cause notices are issued. Till the Tahsildar makes his order as directed above, there is no question of the Tahsildar or other revenue authorities taking action in relation to the cellular sites of the petitioners. Rule is made absolute with no order as to costs. 4. Parties to act on the copy of this order duly authenticated by the Sheristedar/Personal Assistant of this Court. 5. Certified copy expedited. (JUSTICE D.K. DESHMUKH,J) (JUSTICE A.R.JOSHI,J)