IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO. 20 OF 2009 WRIT PETITION NO. 20 OF 2009 WRIT PETITION NO. 20 OF 2009 Shri Pandurang Vasantrao Shetty ] .. Petitioner Versus 1. District Collector, Kolhapur & ors. ] .. Respondents Mr. A.V. Anturkar i/b Mr. Tanaji Mhatugade for the petitioner. Mr. S.S. Patwardhan for the respondent No.2. Mr. V.S. Gokhale, AGP, for the respondents No.1, 4 and 5. Mr. Kiran Gandhi i/b Little & Co. for the respondent No.3. CORAM: S.B. MHASE & D.B. BHOSALE, JJ. DATED: 10TH FEBRUARY, 2009 P.C. : 1. We have heard Mr. Anturkar, the learned counsel for the petitioner, the learned Assistant Government Pleader and Mr. S.S. Patwardhan, counsel for the respondent No.2. 2. We find that already there is an order of restoration of the land which has been challenged by the Karkhana before the Commissioner and the Commissioner : 2 : has granted stay. An appeal has been filed against the said order. In view of the pendency of the appeal, we do not desire to entertain this Petition. 3. We only find that directions to the Commissioner to dispose of the appeal within a stipulated period will be sufficient for all the parties and, therefore, we direct the Revenue Commissioner to dispose of the appeal filed by the Karkhana within a period of four months from today. We also direct the Revenue Commissioner to hear and the petitioner in that appeal by adding him as party-respondent. 4. The learned counsel for the petitioner secondly states that certain lands which have been given to the Karkhana have been mortgaged by the Karkhana and let out and, thereby, it is an encroachment and the judgment delivered in Writ Petition No.8417 of 2003 in the case of Grampanchayat Burambali Vs. The Collector, Grampanchayat Burambali Vs. The Collector, Grampanchayat Burambali Vs. The Collector, Kolhapur Kolhapur Kolhapur & ors. & ors. & ors. [Khandeparkar & Kanade, JJ.] is applicable to the facts of this case. In our view, the aforesaid judgment is not applicable to the facts of the present case. What we find is that it is not an encroachment and, as an owner of the land, the Karkhana is entitled to deal with the property which has been acquired. This aspect, therefore, does not need to be : 3 : considered. 5. The Writ Petition stands disposed of with the above directions. Sd/- Sd/- [D.B. [D.B. [D.B. BHOSALE, J.] BHOSALE, J.] BHOSALE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]