FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.10143 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Heard learned Counsel for the parties. 2 At the outset, the learned Counsel for the respondents submits that appeal is maintainable against the impugned order in this petition. In support of his contention, he invited my attention to the provisions of Section 247 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 and Schedule (E) thereunder and submitted that appeal is maintainable against the impugned order. The learned Counsel for the petitioners submits that the petitioners made attempt to file appeal. However, the office of the Deputy Director of land Records - respondent No.3 declined to register the said appeal by saying that the respondent No.4 has traveled beyond the jurisdiction and has passed order and, therefore, appeal is not maintainable. 3 Upon hearing the learned Counsel for the parties and perusal of the provisions of section 247 of the said Act and Schedule (E) thereunder, it is clear that appeal is maintainable. It is clear that it was open for the appellate authority to consider the said point and decide the matter on merits. However, registration of the appeal cannot be refused thereby making the intention of the Legislators futile by not registering II appeal filed by the petitioners. 4 Therefore, in my opinion, without adjudicating the matter on merits, the petitioners are granted liberty to file appeal. Upon filing appeal by petitioners, the respondent No.3 is directed to register the appeal of the petitioners and adjudicate the same on merits. Till appeal is filed and heard by the Deputy Director of Land Records, Aurangabad, the impugned order dated 20th September, 2010 passed by respondent No.4 in Appeal/S.R./183 is stayed till the first date of hearing in appeal. It is needless to mention that even second appeal is maintainable as per the provisions of Section 247 of the said Act and Schedule (E) thereunder. The Writ Petition is allowed to be withdrawn with liberty to file appeal before the respondent No.3. (S.S. SHINDE, J.) 01.12.2010. PLK/*