1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 5804/2006 Harishankar R. Agrawal ..vs.. The Municipal Council, Achalpur. ----------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Shri S. P. Dharmadhikari, Sr. Advocate for petitioner. Shri A. B. Patil, Advocate For R-sole. CORAM : B. H. Marlapalle and A. H. Joshi, JJ. Dated : 11th November, 2008. Heard Shri Dharmadhikari the learned senior counsel with Shri Mirza, for the petitioner, Shri Patil, the learned counsel for respondent-sole. For the reasons stated in the order passed by this Court today in Writ Petition No. 2148/2008, we hereby dispose off the petition and grant liberty to the petitioner to file appeal before the appellate authority under Section 169 of the Maharashtra Municipal Councils Nagar Parishads and Industrial Township Act, 1965. However, we make it clear that while filing the said appeal, the petitioner will be required to deposit only the principal amount, if the same has not yet been deposited. The appellate authority will proceed and hear the appeal and the petitioner will not be required to deposit the penal charges amount. If such an appeal is filed within a period of three weeks 2 from today we direct the Appellate Authority to decide the appeal as expeditiously as possible preferably before 31/5/2009. If an application for condonation of delay caused in filling the appeal is filed by the petitioner, the period of pendency of this petition from 20/11/2006 shall be taken into consideration. With these directions the petition is disposed off. JUDGE JUDGE. Andurkar.