KBP 1 wp296-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.296 OF 2011 Indus Towers Limited ..Petitioner Vs Tahsildar & Executive Magistrate, Palghar, having his office at Palghar and ors. ..Respondents -- Mr.F.Devitre with Mr.Amit Jamsandekar i/b.D.H.Law & Associates, for petitioner. Mr.S.R.Nargolkar, AGP for respondents. . -- CORAM : SMT.RANJANA DESAI & R.G.KETKAR, JJ. DATE : 24 th MARCH, 2011 P.C: In this petition, the petitioners have challenged Demand Notice dated 7 th December, 2010 issued by the Tahsildar, Palghar, respondent no.1 herein. By the impugned Demand Notice, penalty is imposed on the petitioners under Section 48(7) of the Maharashtra Land Revenue Code, 1966 for alleged unauthorised excavation of minor minerals. 2] Learned AGP Mr.Nargolkar pointed out that alternative remedy of appeal is provided under Section 247 of the Maharashtra Land Revenue Code, 1966. In view of this, we are not inclined to entertain the petition. KBP 2 wp296-11.sxw 3] Learned counsel for the petitioners pointed out that a Division Bench of this Court has, by its judgment and order dated 8 th October, 2010 in Writ Petition No.785 of 2008, upheld the contentions of the respondents and, therefore, filing of Appeal will be a futile exercise. Learned AGP pointed out that the said judgment has been challenged before the Supreme Court. Order dated 24 th November, 2010 passed by the Supreme Court in Petition(s) for Special Leave to Appeal (civil) No.(s).33002 of 2010 is shown to us. By that order, notice is issued and interim stay to the execution of the above mentioned judgment of this Court is granted. If an appeal is filed, this fact should be kept in mind by the Appellate Court while deciding the appeal. The Appellate Court shall also consider whether any further order is passed by the Supreme Court in the above mentioned SLP. 4] Learned counsel for the petitioners states that appeal will be filed within a period of two weeks from today. In the circumstances of the case, without prejudice to the rights and contentions of the respondents, ad- interim order which is in operation in this petition, shall continue to operate only for a period of four weeks from today. The Appellate Court shall consider the application for stay on its own merits and in accordance with law. 5] With the above observations, petition stands disposed of. We make it clear that we have not gone into the merits of the case and all contentions raised by both the sides are kept open. [R.G.KETKAR, J.] [SMT.RANJANA DESAI, J.]