1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4994 OF 2008 (M/s. G.T.N. Industries Ltd. vs. Zilla Parishad 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 : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : FEBRUARY 11, 2009 Heard Shri Ghare, learned Counsel for the petitioner, Shri Shaikh Majid, learned Counsel for the respondent nos. 1 and 2, Shri Sambre, learned Government Pleader for the respondent no.3, and Shri Dhabe, learned Counsel for the respondent no.4. Shri Ghare, learned Counsel for the petitioner, states that petitioner filed appeal under Section 124(5) of the Bombay Village Panchayats Act before the Panchayat Samiti, Saoner on 30.9.2005. However, till this date, the said Authority has not taken any decision and, therefore, learned Counsel seeks permission to withdraw the petition and prays that direction may be given to the said Authority to decide the appeal in accordance 2 with law. Shri Dhabe, learned Counsel for the respondent no.4, states that during pendency of the petition, considering the amount of tax due and payable by the petitioner for the period during which there was no agreement between the petitioner and Gram Panchayat as contemplated under Section 125 of the Bombay Village Panchayats Act, this Court directed the petitioner to deposit the amount of Rs.17,35,100/-. The learned Counsel, therefore, prays that permission may be granted to the Gram Panchayat to make a request to the appellate Authority for release of the said amount in favour of the Gram Panchayat. Shri Ghare, learned Counsel for the petitioner, disputes the contentions canvassed by the learned Counsel for the respondent Gram Panchayat. Be that as it may, since appeal of the petitioner is pending before the Appellate Authority, we dispose of the petition with direction to the appellate Authority, i.e. Block Development Officer, Saoner to decide the said appeal of the petitioner including maintainability of the appeal, on its own merits in accordance with law, within a period of four weeks from the date of communication of this order by following principles of natural justice. We 3 also permit Gram Panchayat to make an appropriate request for withdrawal of amount deposited in this Court and expect the appellate Authority to consider the said request on its own merits. The issues raised in the petition are kept open. JUDGE JUDGE khj