1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4673 OF 2009 Shripad Pandurang Khisti } Age : 35 Yrs., Occ. Business, } R/o : Village Ajnuj, Tq. Shrigonda, } Dist. : Ahmednagar. } .... PETITIONER V E R S U S 1. The State of Maharashtra } Through the Minister } Revenue & Forest Department } Mantralaya, M.S. Mumbai } 2. The Divisional Commissioner } Nashik Division, Nashik. } 3. The District Collector } Ahmednagar. } Mr. H.H.Padalkar, Counsel for Petitioner Mr. S.K.Kadam, A.G.P. for Respondent - State. 2 [ CORAM : P.V.HARDAS & R.K.DESHPANDE, JJ. ] DATE : 18 th JULY, 2009 ORAL JUDGMENT : [ PER – P.V. HARDAS, J. ] 1. Rule Rule returnable forthwith. With the consent of learned counsel for the parties, this petition is heard at the state of admission. 2. By virtue of the Order passed by the appellate court against the Judgment and Decree passed by the Civil Court, the petitioner was granted licence by the Collector for extraction of sand of the quantity of 6650 Brass. The aforesaid period of licence is to expire on 31/7/2009. Mean while by Order dated 22/5/2009, the licence came to be cancelled by the Collector. The petitioner being thus aggrieved by the said Order, filed Appeal before the Collector and also filed an application seeking stay of the said impugned order. The Collector by his Order dated 1/6/2009 dismissed application for stay. The petitioner being aggrieved by the rejection of his said application, has filed Revision before the Revenue Minister, Maharashtra State at Mumbai. We are informed that the said Revision is pending. 3 3. The relief which the petitioner seeks is of directing the appellate authority i.e. the Divisional Commissioner to decide the pending Appeal. We have heard learned counsel for the petitioner and Shri. S.K. Kadam, A.G.P. for State who accepts notice on behalf of Respondent Nos. 1 to 3. The learned A.G.P. states that the Appeal can be decided by the Divisional Commissioner, Nasik within two weeks from today. In the light of that statement, therefore, we allow this petition and directs respondent no. 1 Divisional Commissioner to decide Appeal within two weeks from today and communicate the decision thereon to the petitioner. 4. Rule is thus made absolute on the terms indicated above with no order as to costs. We direct the petitioner to appear before the Divisional Commissioner, Nasik on 20/7/2009 and the period of 2 weeks to be reckoned from 20/7/2009. [ R.K.DESHPANDE ] [ P.V. HARDAS ] JUDGE JUDGE knp/WP4673.09 4 5 6 7 8 9 10 11 12 13