1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR W.P.No.1982 of 2008 (Suresh Shivdhan Chandak .vs. The District Collector, Akola and Ors.) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : D.D.Sinha and Smt. Vasanti A. Naik, JJ. DATE : 6.5.2008. Heard Mr.S.S.Joshi, Adv. for the Petitioner and Mrs.Bodade, Assistant Government Pleader for the Respondents. Counsel for the petitioner states that against the order dt. 17.3.2008 passed by the Collector, the petitioner has already filed an appeal before the Divisional Commissioner, Akola which is pending for ad-judication. It is contended that, by virtue of the said order passed by the Collector, the petitioner was asked to refund the amount of Rs.93,36,011/- including penalty. It is contended that the Appellate Authority has not yet decided the appeal, however the Superintendent Engineer once again vide impugned communication dt. 22.4.2008 asked the petitioner to deposit the said amount towards royalty with the Government. Counsel for the petitioner submitted that direction be given to the Divisional Commissioner, Akola to decide the appeal on merits and till then, the effect and operation of the impugned communication may be stayed. Mrs. Bodade, Assistant 2 Government Pleader, for want of instructions, is not in a position to apprise this Court whether the appeal is filed by the petitioner and is pending before the Divisional Commissioner for adjudication. Be that as it may, there is no reason for us to disbelieve the facts stated by the petitioner before this Court and therefore, in the circumstances, we dispose of the Writ Petition with a direction to the Divisional Commissioner, Akola to dispose of the appeal filed by the petitioner, if not decided earlier, on its own merits, according to law and procedure applicable in this regard within a period of six weeks from the date of communication of this order. In the meantime, the impugned communication dt. 22.4.2008 shall not be given effect to. JUDGE JUDGE ssj