1 wp7995.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.7995 OF 2010 M/s.Pinky Shipyard Pvt.Ltd. ...Petitioner vs. The Additional District Collector Ratnagiri & Others ...Respondents Mr.S.M.Sabrad i/b Mr.R.D.Suryawanshi for the petitioner Mr.R.M.Patne, A.G.P for the respondent Nos.1 to 4 CORAM :A.S.OKA,J. DATE : OCTOBER 7, 2010 P.C.: . Not on board. Taken on board. 1 The submissions of the learned counsel for the parties were partly heard on the earlier date and the petition was adjourned till today. Taken up for final hearing forthwith. 2 The petitioner preferred an Appeal under section 247 of the Maharashtra Land Revenue Code,1966 (hereinafter referred to as the said Code) for challenging the order dated 23rd August 2010 passed by the Sub Divisional Officer in exercise of powers under the provisions of section 48(7) of the said Code. The Appeal preferred by the petitioner was not entertained by the learned Additional District Collector. The Additional District Collector passed impugned order holding that in view of administrative instructions dated 8th March 2010, the appeal cannot be even entertained unless 50% of the amount demanded under the impugned order is deposited by the petitioner. 2 wp7995.sxw 3 The learned A.G.P supported the impugned order by relying upon the administrative instructions dated 8th March 2010 and also on sub section 5 of section 256 of the said Code. 4 While exercising the power of granting stay, the Appellate Authority can always impose appropriate conditions. In the present case, what has been held by the Appellate Authority is that the appeal itself is not entertained on the ground that 50% of the amount demanded under the impugned order has not been deposited. There is no provision under the said Code which requires deposit of the 50% of the amount payable under the impugned order as a pre-condition of entertaining an Appeal under section 247 of the said Code. The appeal ought to have been entertained by the Appellate Authority. Even assuming that the circular is valid, the same does require deposit of the amount as a pre- condition for entertaining an appeal. While deciding the application for stay, the Appellate Authority can always impose appropriate conditions in accordance with law. 5 Hence, the petition is disposed of by passing the following order : i) The order dated 27th September 2010 is quashed and set aside and the Additional District Collector is directed to entertain the appeal preferred by the petitioner on merits in accordance with law. ii)The Appellate Authority will consider the application for interim relief, if any, made in the appeal in accordance with law. It is always open for the Appellate Authority to impose appropriate 3 wp7995.sxw conditions while granting stay. iii)Writ petition is disposed of in above terms by keeping the contentions of the parties open. JUDGE