wp10127.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 10127 OF 2010 Murlidhar s/o Gajananrao Deshmukh ...Petitioner Versus The Additional Divisional Commissioner Aurangabad and another ...Respondents WITH WRIT PETITION NO.10425 OF2010 Shivraj s/o Hanumantu Gorappa ...Petitioner Versus The Additional Divisional Commissioner Aurangabad and others ...Respondents ..... Mr. Sachin Deshmukh, advocate for the petitioners Mr. D.R. Korde, A.G.P. for the respondents. ..... CORAM: S. S. SHINDE, J. DATED: 20TH DECEMBER, 2010 PER COURT:- 1 Heard. The respondents are represented by learned A.G.P. Learned A.G.P. has also filed affidavit in reply in both the writ petitions. 2 These petitions are filed challenging the orders dated 6.9.2010 passed by the Additonal Divisional Commissioner, Aurangabad in ROR/APPEAL/119/2010 and ROR/APPEAL/120/2010. It appears that wp10127.10 -2- interim elief was granted by the Additional Commissioner on 28.6.2010, however, the same came to be vacated on 6.9.2010. The said order is under challenged in these writ petitions. These petitions were heard for admission by this court on 26.10.2010, when this court passed the following order:- “1. Petitioner agreed to deposit amount of Rs.2,00,000/- in this Court within four weeks from today. Subject to deposit of amount, the impugned order passed by the Collector on 26.5.2010 shall stand stayed. In the event of failure to deposit the amount within stipulated time as directed, interim relief granted by this court shall stand vacated automatically. 2 Issue notice to respondents returnable on 7th December, 2010. Learned AGP Mr. S.G. Nandedkar, waives notice on behalf of respondent Nos. 1 to 4. 3 Learned Additional Commissioner, however, is free to decide the pending appeal on its own merit and in accordance with provisions of law. 4. Authentic copy of the order be supplied to the parties.” 3 It is common stand of the counsel for the parties that by continuing the interim order passed by this court on 26.10.2010, directions can be given to the Additonal Commissioner to dispose of the appeal Nos. ROR/APPEL/119/2010 and ROR/APPEAL/120/2010 wp10127.10 -3- within six months from today. 4 After hearing counsel for the parties, these petitions stand disposed of with direction to the Additonal Divisional Commissioner, Aurangabad to finally dispose of the appeal Nos. ROR/APPEL/119/2010 and ROR/APPEAL/120/2010 within six months from today. The parties will be at liberty to argue the appeals on merits. This court has not expressed any opinion on merits of the matters. Till the appeals are disposed of, interim order dated 26.10.2010 will remain in operation. Depending upon the outcome of the appeals, liberty to the parties to take appropriate proceedings in respect of amount of Rs.2,00,000/- deposited in this court by filing applications in disposed of writ petitions. At this stage, as agreed by counsel for the petitioners, Registry is directed to deposit the said amount of Rs.2,00,000/- in a fixed deposit initially for a period of three months and if necessary for further period of three months i.e. till disposal of the appeals. 5 Office to issue copy of this order to the parties concerned, duly authenticated by the Sheristedar of this Court. ( S. S. SHINDE. J.) rlj/ wp10127.10 -4-