1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.25 OF 2009 Devendra R. Rai ..Appellant versus The State of Maharashtra & Another ..Respondents Mr.R.C.Dhuru for the appellant Mrs.Mulekar for the respondent CORAM : R.Y.GANOO, J. DATE : 6th JULY, 2009. P.C: 1. As the appeal was called out, learned Advocate Mr Dhuru accepted that his client has received copy of the Order dated 13.5.2005 passed by the Assistant Conservator of Forest, Borivli, in regard to the show cause notice which was issued to the appellant dated 30/10/2004. 2 2. Learned Advocate Mr. Dhuru applies for withdrawal of this appeal with liberty to file substantive proceeding in accordance with the provisions of Maharashtra Land Revenue Code to challenge the said decision dated 13.5.2005 by filing appropriate proceedings. 3. The learned Advocate for the State submitted that the suit was not a proper proceeding and a proceeding under section 247 of Maharashtra Land Revenue Code could have been filed to challenge the Order dated 13.5.2005. 4. In view of the aforesaid discussion, I pass the following order: ORDER i. Appeal is allowed to be withdrawn. ii. It is open for the appellant to challenge the order dated 13.5.2005 passed by Assistant Conservator of Forest, Borivli before the 3 appropriate forum. There shall be no order as to costs. Refund of court fees granted as per rules. iii) In view of withdrawal of the appeal, Civil Application No.48 of 2009 does not survie and the same is dismissed with no order as to costs. (R.Y.Ganoo, J.)