1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.6689 of 2007 Shri Arvind Dattatray Potnis & ors. Petitioners Vs. The Collector, Nashik Region, Nashik & anr. Respondents Mr.Prafulla Shah for petitioners. Mr.S.K.Chinchalikar, AGP for resp.nos.1 and 2. CORAM: B.H.MARLAPALLE, J. January 22, 2008 P.C. . Heard Mr.Shah, the learned counsel for the petitioners and Mr.Chinchalikar, the learned AGP for the respondents. The petitioners are aggrieved by the order passed by the Collector, Nashik on 14/8/2007 calling upon them to pay a hefty amount by way of Nazrana towards the non-agricultural conversion of land from Survey No.24/4, Anandvalli. Mr.Shah pointed out that against the said order an appeal has been filed before the State Government and the petitioner be disposed off by directing the appeal to be decided within a fixed period. . Mr.Chinchalikar, on the other hand, pointed 2 out that in view of the provisions of Section 247 read with Schedule "E" of the M.L.R. Code, 1966 the appeal would lie before the Divisional Commissioner, Nashik and not before the State Government. In any case the fact remains that the impugned order is an appealable order under the M.L.R. Code and when such a statutory remedy of appeal is available, a writ petition is not to be entertained. . Hence the petition is disposed off in terms of the following directions: (a) If the State Government is satisfied that the appeal submitted by the petitioners lies before the Divisional Commissioner, the same shall be transferred to the Divisional Commissioner at Nashik within a period of one week from today. (b) The Appellate Authority i.e. either the State Government or the Divisional Commissioner will hear and decide the appeal on its own merits as expeditiously as possible and preferably by 31st March 2008. (c) Until the appeal is finally decided by the 3 lower Appellate Authority, the impugned order calling upon the petitioners to remit the difference of Nazrana charges will stand stayed. (B.H.MARL