1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 1864 OF 2010. Kishor Ramdasji Patil -: versus :- Sub Divisional Magistrate, Yavatmal and others. 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. DATED : APRIL 20, 2010. Heard Shri A.A. Naik, learned counsel for petitioner, learned A.G.P. for respondent nos. 1 and 2 and Shri R.G. Agrawal, learned counsel for respondent no.3 – caveator. Challenge is to order dated 16.04.2010 passed by the Additional Commissioner refusing interim stay in appeal filed by the petitioner before him. The matter pertains to grant of temporary lease of piece of land for its commercial user. Authorities have permitted such user by respondent no.3 temporarily for period upto 01.05.2010. In this situation, I find it appropriate to direct respondent no.2 to decide the appeal itself on merits before 01.05.2010. While deciding the appeal respondent no.2 shall act in accordance with his own prudence and shall not be influenced by the fact of grant in favour of respondent no.3. With this direction, Writ Petition is disposed of. No costs. 2 Petitioner and respondent no.3 to appear before respondent no.2 on 23.04.2010 and to abide its further directions in the matter. Certified copy expedited. JUDGE Rgd.