1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5332 / 2010 (Mr. Surendra Kumar N. Gupta and another vs.. State of Maharashtra and others ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : D.D.SINHA & A.P.BHANGALE, JJ DATED : 18th February, 2011. Heard Mr. V.R.Thakur, learned counsel for the petitioners; Mr A M Ghare, learned counsel for Gram Panchayat/Respondent No.2 ; Mr N S Khubalkar, learned Assistant Government Pleader for Respondent no.1-State; and Mr A. Y. Kapgate, for respondent no.4. In the instant petition, the respondent-Gram Panchayat has referred the dispute in view of Rule 9 of the Maharashtra Village Panchayats (Payment of Lump Sum Contribution by Factories in lieu of Taxes) Rules, 1961, to the State Government for taking appropriate decision. Section 125 of Bombay Village Panchayats Act 1958 is also brought to the notice of this Court which deals with the lump sum contribution by factories in lieu of taxes levied by Panchayat. Learned counsel submits for the petitioners, therefore, submitted that the State Government may be asked to take appropriate decision in this regard as early as possible. 2 Mr A M Ghare, learned counsel for the Gram Panchayat/Respondent No.2 submitted that before deciding the issue referred to the State Government the Respondent-Gram Panchayat may be heard in the matter. The learned Assistant Government Pleader states that if the issue is referred to the State Government in view of section 125(2) of the Act as well as Rule 9 of the Rules, in that event, the State Government shall take a decision in accordance with law. On the backdrop of the above-referred facts, it appears that the issue is pending before the State Government for decision. Hence we dispose of the petition with a direction to the State Government to take a decision in this regard within a period of three months from the date of communication of this order, by giving reasonable opportunity to the parties including Gram Panchayat. All issues raised in the petition are kept open. Learned counsel for the respondent-Gram Panchayat has submitted that the petitioners have deposited Rs. 46,50,000/- as per the order of this Court in this Court. Learned counsel for the Gram Panchayat seeks permission to withdraw the said amount to which the petitioners have no objection, of course, without prejudice to the rights of the parties. Permission granted. Counsel for the petitioners has submitted that 3 by interim order dated 29th October 2010, the respondents are directed not to initiate coercive recovery may be continued till the decision is taken by the State Government. In the circumstances, interim order to continue till the decision is taken by the State Government. With the above directions and observation Writ Petition stands disposed of. JUDGE JUDGE sahare