3006wp3040.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR W.P.NO.3040 of 2011 Adityapratapsingh R.Pawar ..vs.. The State of Mah. and ors. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr. P.R.Puri, Adv. for the petitioner. Mr.A.D.Sonak, AGP for resp.1 to 4. CORAM : R.M.SAVANT, J. DATED : 30th June, 2011. The petitioner has impugned the order dated 17/6/2011, by which order the stay has been refused by the Revenue Authority i.e. the Additional Commissioner (Revenue). The petitioner was before the Additional Commissioner in Appeal against the order passed by the Additional Collector and the Sub-Divisional Officer in respect of sale of land which is in the ceiling limit. However, by imposing the condition on the petitioner of deposit of 75 per cent of the total land value, the petitioner was granted permission to sell the land, which is in the ceiling limit. The petitioner is aggrieved by the fact that he has been directed to deposit 75 per cent of the total value of the plots of land that would be sold by him out of the suit land. Undisputedly, the Appeal filed by the petitioner is pending before the Additional Commissioner, however, the stay regarding deposit of 75 per cent of the total land value on the sale of plots as sought by 3006wp3040.11.odt 2 the petitioner is refused by the Appellate Authority, though as per the earlier direction 75 per cent of the total value of the land has already been deposited with the State Government by the petitioner pursuant to which the sale-deed was executed. The petitioner is aggrieved by the fact that he has been asked to deposit 75% of the total value of land twice over, as the Additional Collector has imposed the condition vide Condition No.2 to the said letter that the petitioner would have to deposit 75 per cent of the total land value for every plot that he would sell, which is carved-out out of the said land and also the permission of the Collector would have to be obtained. The petitioner is also aggrieved by the fact that for non-agricultural conversion he has been asked to deposit 75 per cent of the total value of land. Since the Appeal is pending with the Additional Commissioner, in my view, it would be just and proper to direct the Additional Commissioner to hear and dispose of the said Appeal within a period of four weeks from date of the petitioner’s first appearance before the Additional Commissioner. The petitioner to appear before the Additional Commissioner on 7th July, 2011. Parties to act on a copy duly authenticated. JUDGE chute