1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7026 OF 2008 Yeshwant Samaj Kalyan Sahakari Griha Rachana Sanstha Maryadit ... Petitioners v/s The Collector of Pune & ors. ... Respondents Mr.A.V.Anturkar i/by Mr.S.S.Patwardhan for the petitioners. Mr.R.M.Patne, A.G.P. for the Resp. No.1. Mr.V.A.Thorat i/by Kamalesh Mali for Resp. Nos.2 & 3. Mr.R.A.Thorat for the respondent Nos.4. CORAM: SMT.NISHITA MHATRE, J. DATED: 16TH JUNE, 2009 P.C.: 1. The petition challenges the order passed by the Collector on 17.6.2008. By this order, the Collector has held that respondent Nos.2 and 3 are be permitted to sell the suit property in favour of respondent No.4. 2 2. Aggrieved by this decision, the petitioners had in fact filed an appeal. However, that appeal was withdrawn apparently mistakenly. The petitioners have then approached this Court. 3. As rightly pointed out by the learned counsel appearing for the respondent No.3, an appeal is the proper remedy available to the petitioners. The petitioners ought not to have withdrawn the appeal which they have preferred against the impugned order. 4. After hearing the matter for some time, in my opinion, the submission of the learned counsel for respondent Nos.2, 3 and 4 must be accepted. An appeal would be the proper remedy against the impugned order passed by the Collector. 5. The petition is, therefore, rejected relegating the petitioners to avail of the statutory appeal which is an alternate efficacious remedy available to the petitioners. 6. If an application is made by the petitioners for recall of the order passed by the appellate authority 3 granting permission to withdraw the appeal, that application will be decided by the appellate authority in accordance with law. However, it is obvious, in my opinion, that an appeal would be the proper remedy. 7. The petitioners may file an application for interim relief before the appellate authority within two weeks from today along with the application for recalling the earlier order. That application for interim relief will be considered in accordance with law by the appellate authority. 8. Mr.Thorat, on instructions from respondent No.4, submits that no further steps will be taken by respondent No.4 pursuant to the impugned order passed by the Collector for a period of two weeks. ..... 4