FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2298 OF 2007 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard learned Counsel for the parties. 2 Preliminary objection regarding maintainability of this petition is taken on the ground that the decision of the authority, which is impugned in this petition, is appealable one in terms of section 247 of the Maharashtra Land Revenue Code, 1966. This preliminary objection has been taken by all the respondents including the official respondent. However, the Counsel for the petitioner submits that the petitioner apprehends that the appeal would be thrown out on the ground that the petitioner has no locus standi to maintain an appeal against the decision in question. 3 In our opinion, this submission is misplaced. All the respondents including the official respondent submit through Counsel that the statutory appeal under Section 247 of the M.L.R. Code against the impugned decision is available. Having regard to the stand taken by the official respondent through Counsel before this Court and also on affidavit, there is no basis to assume that the appellate authority would non suit the petitioner on the ground of maintainability of the appeal. 4 Understood thus, as the remedy of appeal is available to the petitioner, we relegate the petitioner before the appellate authority . This petition is disposed of with liberty to the petitioner to avail of statutory remedy of appeal under Section 247 of the M.L.R. Code, 1966, which in turn, shall be decided on its own merits, in accordance with law. It is made clear that if there is any delay in filing the appeal, the appellate authority, having regard to the stand taken by all the respondents before this Court, shall condone the same and decide the appeal on its own merits and shall not non suit the petitioner on the ground of delay. All the questions will have to be answered on its own merits, in accordance with law. Petition disposed of on the above terms. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) 25.01.2010. PLK/*