1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7368 OF 2006 GLOBAL SOFTECH PVT. LTD. .. PETITIONER Vs. THE STATE OF MAHARASHTRA & ORS... RESPONDENTS Mr. Prateek Sakseria a/w Deepti Mohan i/b Paras Kuhad & Associates for the petitioner Mrs. S. S. Bhende, AGP CORAM:SMT.RANJANA DESAI & SMT. R. S. DALVI,JJ. DATE: 11/2/2008 P.C. . The petitioner claims to have purchased the property in question in auction. He is aggrieved by show cause notice issued on 31/10/06 alleging that the petitioner is filling or digging inferior mineral such as Khadi, Reti, Dambar, Earth etc. in the land in question. By the impugned order the petitioner is asked to give explanation within the stipulated period. We are informed that the petitioner has submitted his reply dated 3/11/06 to the said show cause notice. However, till date 2 this reply has not been considered by the 2nd respondent, who has issued the notice. 2. One of the grievances of the petitioner was that the petitioner’s premises are sealed. Affidavit in reply is filed by one Rahul A. Sarang, Residential Naib Tahsildar, Bhiwandi, District Thane. In the affidavit it is categorically stated that the property of the petitioner is not sealed and in fact the petitioner has carried out repair works and that the petitioner is not restrained from carrying out any of its activities on the said land. 3. In view of this statement, that grievance of the petitioner does not survive. The petitioner has been protected by ad-interim order passed by this court in terms of clause (d) to (g). In the circumstances of the case, in our opinion following order will meet the ends of justice. . The 2nd respondent shall consider the petitioner’s reply dated 3/11/06 and pass appropriate order thereon as expeditiously as possible and at any rate within a period of 12 weeks from the date of receipt of this order by the 3 2nd respondent. The order passed by the 2nd respondent may be communicated to the petitioner. . Till such time as the 2nd respondent passes order after considering the petitioner’s reply and, if the order passed by the 2nd respondent is against the petitioner, for a period four weeks from the date of receipt thereof by the petitioner, the ad-interim order passed by this court shall continue to operate without prejudice to the rights and contentions of the respondents. . All contentions raised by the petitioner including the contention that the 2nd respondent has no power either to issue the notice or pass any order under Section 48 of the Maharashtra Land Revenue Code 1966 are kept open. Contentions of the respondents are also kept open. . Petition is disposed of. . Office to provide authenticated copy and parties to act on authenticated copy. JUDGE 4 JUDGE