1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.172 of 2009 Narshinh Nana Patil and Ors. .... Petitioners V/s. The State of Maharashtra and Ors. ..... Respondents ALONG WITH CIVIL APPLICATION NO.1079 OF 2009 IN WRIT PETITION NO.172 OF 2009 Sudhir Govnid Naik and Ors. .... Applicants V/s. The State of Maharashtra and Ors. .... Respondents. Mr.A.Y.Sakhare, Sr.Advocate a/w Mr.S.R.Waghmare, for the petitioner. Mr.Uday Warunjikar, for the applicant in CAW No.1079 of 2009 Mr.V.S.Gokhale, AGP, for respondent Nos.1 to 3. Smt.Neeta P. Karnik, for respondent No.4. CORAM :P.B.MAJMUDAR & R.G.KETKAR, JJ. DATE : 08TH APRIL, 2010 P.C. 1. It is not in dispute that the impugned order dated 17-05-2008 passed by the Additional Collector, Thane, under Section 53 of the Maharashtra Land Revenue Code, 1966, is appealable before the appellate authority namely Divisional Commissioner, Konkan Division, Konkan Bhavan, Navi Mumbai. However, apprehension on the part of the petitioners is that there is a decision of the Committee for eradication of 2 corruption, of which Divisional Commissioner is a Chairman. The said Committee inquired into the allegations of corruption against one of the petitioners who was serving in the revenue department. The finding of the said committee may come in the way of the petitioners. The petitioners have apprehension that since the Divisional Commissioner is the appellate authority, he may decide the appeal of the petitioners keeping in mind the finding of the said committee. 2. In our view, this apprehension is not justified, as the said Committee was concerned with allegations against one of the petitioners on the ground of corruption. So far as merits of the issue is concerned, the said Committee did not go into the issue as to whether there is a breach of condition on the part of the petitioners. Since the Additional Collector has found that there is a breach of condition of grant and since that order is appealable, the appellate authority is required to consider whether there is a breach or not on the part of the petitioners. The petitioners are accordingly permitted to file an appeal before the appellate authority. Such appeal may be filed within a period of four weeks from today. If such an appeal is filed within the aforesaid period, the appellate authority shall decide the same irrespective of the consideration of delay, if any. The appellate authority shall decide the appeal on merits and shall find out whether there is a breach of the condition of grant on the part of the 3 petitioners. The appellate authority shall not take into account the observations made by the said Committee. Incidental observations in connection with the misuse of the position as revenue officer shall be considered as per the record only. It is clarified that we have not expressed any opinion in any manner and the appellate authority shall dispose of the appeal in accordance with law and whatever may be the decision, should be communicated to the concerned parties. 3. At this stage, learned AGP submits that the possession is already taken by the Government. At present, we do not want to express any opinion on the question of possession and if possession is taken by the Government, the Government shall maintain status quo till the appeal is decided by the appellate authority. 4. Subject to what is stated above, writ petition is disposed of. 5. In view of disposal of the writ petition, civil application No. 1079 of 2009 does not survive and the same is disposed of. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J. )