1 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.225/2010 M/s Shantaram Uddhavrao Dhankawade ..Petitioner. vs. The State of Maharashtra ..Respondent. Mrs L.S.Puntambekar and Mrs Anjali S.Ranade, Advocate for the Petitioner. Mr V.S.Masurkar, A.G.P., with Mr N.P.Deshpande, A.G.P.,for the State-Respondent. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 12TH JANUARY,2010 P.C.:- 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. It appears that the Collector Pune by the order dated 30th July, 2008 has imposed penalty of Rs.15,33,636/- on the petitioner. Failure of the petitioner to pay the penalty 2 was to result in cancellation of licence granted for extraction of minor minerals. Against that order an appeal was filed before the Additional Commissioner,Pune who has dismissed the appeal by the order dated 4.5.2009. According to the petitioner, he has moved the State Government in revision. The petitioner has also filed an application for interim stay but the State Government has not passed any order either on the revision application of the petitioner or on the stay application. With the result, in the meantime, the Authorities of the Revenue Department are proceeding against the petitioner to recover the amount and to cancel the licence. In our opinion, if there is statutory right of revision given to the petitioner then the Government is under duty to consider the application filed by the petitioner for interim relief within a reasonable time. The petitioner has expressed his willingness to deposit 50% of the amount of penalty with the Collector,Pune. In our opinion, therefore, the following order would meet the ends of justice. ORDER: Effect and implementation of the order of the Collector,Pune dated 30th July,2008 is stayed. The petitioner to deposit 50% of the amount of penalty imposed by the Collector with the Collector, 3 Pune without prejudice to the rights and contentions of the petitioner, within a period of two weeks from today. If the petitioner fails to deposit the amount within the aforesaid period the interim stay granted by this order shall stand automatically vacated. In case the petitioner deposits the amount as directed above, the State Government shall immediately take up the application filed by the petitioner for stay for consideration and pass orders thereon in accordance with law. However, while considering that application the State Government shall not get influenced by this order. The remedies that may be available to the petitioner against the order of the State Government, if the order goes against the petitioner, are kept open. All contentions available to both sides are also kept open. Rule is made absolute accordingly. No order as to costs. (D.K. DESHMUKH,J) (A.R.JOSHI,J)