1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3829 OF 1999 (A.P.M.C. vs. State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. OCTOBER 28, 2010. Shri Paliwal, learned counsel for the petitioner has pointed out that after orders of Division Bench of this Court at Bombay in Writ Petition No. 12 of 2004 on 16.02.2005, the petition has been amended. After amendment, on 09.09.2010, the Tahsildar, Narkhed, has written a letter to the petitioner and demanded certain informations to apply mind in terms of those orders of the Hon’ble High Court. He, therefore, states that petition should be kept pending till the appropriate orders are passed by the Tahsildar in the matter of Non-agricultural assessment. Shri Fulzele, learned AGP appearing for the respondents states that he is not aware of the communication dated 09.09.2010. Shri Paliwal, learned counsel has supplied to the Court a photostat copy of said communication and also a copy to learned AGP. The said photostat copy is taken on record. The learned AGP states that if the Tahsildar is reconsidering the position, present petition may be 2 disposed of as the orders passed by the Tahsildar can thereafter be challenged in accordance with law. Shri Paliwal, learned counsel is opposing this submission. However, I find substance in the submission of learned AGP. If the Tahsildar passes fresh orders, it is apparent that the petitioner will have a fresh cause and that cause thereafter can be ventilated and redressed in accordance with law. From the communication dated 09.09.2010, it is apparent that the Tahsildar is not going to act upon the impugned assessment without further application of mind and without passing fresh orders. Hence, with liberty to the petitioner to approach again, if any cause of action arises, present petition is disposed of. Rule discharged. No order as to costs. The Tahsildar to pass fresh orders in the matter as early as possible and in any case by 31st March 2011. Liberty to the petitioner to move appropriate application for refund of amount in deposit thereafter. JUDGE *GS.