1 wp-9506.10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9506 OF 2010 Shri Ramkrishna V. Khot & Others. .. Petitioners. Vs Shri Ratnakar Pralhad Herekar & Others. .. Respondents - Shri N.V. Walavalkar, Sr. Advocate i/b Shri S.M. Sabrad for the Petitioners. -- CORAM : A.S.OKA, J. DATE : 14TH DECEMBER, 2010 P.C: . Heard learned senior counsel appearing for the Petitioners. He invited the attention of the Court to the Circular dated 8th March, 2010 issued by the Chief Secretary of the Government of Maharashtra. The learned senior counsel appearing for the Petitioners submitted that the Additional Commissioner has not passed any order on the stay application and has simply called for the record. The learned senior counsel submitted that as the record is called for, even if there is not stay granted by the Additional Commissioner, the Collector will not act upon the order which is impugned in the appeal preferred before the Additional Commissioner. He submitted that on one hand, the Appellant before the Additional Commissioner has not paid the minimum 50% of the amount as per the Circular, and on the other hand, he is virtually enjoying the benefit of the unconditional stay as the record has been called for. 2 wp-9506.10 2. I have considered the submissions. In the appeal, there is a prayer for stay as indicated by the prayer clause (c). If the stay is not granted, it is obvious that notwithstanding the pendency of the appeal, the Collector is bound to act upon the order dated 30th September, 2010. Notwithstanding the fact that the record of the case is called for by the Additional Commissioner, the Collector cannot refuse to act on the basis of order dated 30th September, 2010 only on the ground that the appeal is pending before the Additional Commissioner and that the record has been called for. 3. If the Appellate Authority has not granted relief of stay, it is always open for the Petitioners to approach the Collector and point out that the order passed by him is operative as there is no stay granted. 4. In view of the aforesaid clarification, it is not necessary to entertain the Petition and the same is disposed of subject to observations made above. 5. Parties to act upon an authenticated copy of this order. (A.S.OKA, J)