- 1 - 4233 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4233 OF 2011 Shri Vasudeo Shrikisan Chavan .. Petitioner vs The State of Maharashtra & Ors .. Respondents Mr. M. S. Karnik for Petitioner Mr. S. A. Sawant a/w Mr. Ketan Joshi for Respondent No. 4 Mr. S.N. Patil A.G.P. for Respondent no.1-State CORAM: MOHIT S. SHAH, C. J. AND GIRISH GODBOLE, J DATE: 13 th June, 2011 P.C. Leave to add Collector, Pune as respondent no.7. 1. What is challenged in this petition under Article 226 of the Constitution of India is the order dated 16.5.2011 of the Sub- Divisional Officer Maval Sub-Division, Pune as corrected by order dated 20.5.2011 of the same Officer in the proceedings bearing No.Cri/RD/SR/01/2011. 2. Learned counsel for respondent no.4 has raised a preliminary objection that there is alternate remedy of filing an Appeal before the Collector, Pune available to the petitioner hence the petition should not be entertained. In view of the above, we dispose of the - 2 - 4233 writ petition with liberty to the petitioner to file an Appeal/Revision before the Collector, District Pune for challenging the above orders dated 16.5.2011 and 20.5.2011 of the Sub-Divisional Officer, Maval Sub Division Pune. We make it clear that we have not gone into the merits of the contentions sought to be raised in the petition including the petitioner's contention that proceeding in which the Sub-Divisional Officer passed the impugned orders dated 16.5.2011 and 20.5.2011 itself was not maintainable. 3. In order to enable the petitioner to have recourse to such an alternate remedy, we grant stay of the operation of the above orders dated 16.5.2011/20/5.2011 passed by the Sub-Divisional Officer, Maval Sub-Division for a period of six weeks and in the meantime the Collector, Pune shall hear and decide the petitioner's Appeal/Revision within a period of four weeks from the date of the filing of the said Appeal/Revision. In the meantime, Indian Oil Corporation respondent no.6 herein shall not act upon the impugned order dated 16.5.2011/20.5.2011 of the Sub-Divisional Officer for a period of eight weeks from today. CHIEF JUSTICE GIRISH GODBOLE, J - 3 - 4233