bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 4610 OF 2009 PETITION NO. 4610 OF 2009 PETITION NO. 4610 OF 2009 Indrakumar Ghisulal Solanki ... Petitioner v/s Pune Cantonment Board & anr. ... Respondents Mr.Nitin Mulye for the petitioner. Mrs/N.V.Masurkar for the respondents. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 8TH MAY, 2009 8TH MAY, 2009 8TH MAY, 2009 P.C. P.C. P.C.: 1. The petitioner is aggrieved by the order passed by the District Judge, Pune, which confirms the order passed by the Trial Court and dismisses the application filed by the petitioner for a stay of the order passed by the Cantonment Board under Section 249 of the Cantonment Act, 2006. 2. Mrs.Masurkar, appearing for the respondents submits, on instructions, that since the petitioner has already filed an appeal against both the orders, passed under Section 248 as well under Section 249, the appellate authority will entertain the appeals despite the fact 2 that Schedule-V of the Cantonment Act does not have any provision for an appeal against the order passed under Section 249 of the Cantonment Act. 3. In view of this, the writ petition is rejected. 4. The appellate authority will consider the stay application filed by the petitioner within two weeks from today and the main appeal within six weeks thereafter. The respondents shall not act on the order passed under Section 249 till then. It is made clear that the petitioner will not continue with any construction work on the site. .....