mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4825 of 2008 Shri Tejuddin M. Somaji .. Petitioner versus Balasaheb L. Ghule & ors. .. Respondents ... Mr.A.S. Pratinidhi for the petitioner. CORAM : A.M.KHANWILKAR, J DATED : 28th July 2008 P.C.: 1. Heard counsel for the petitioner. 2. I see no reason to depart from the opinion expressed by the court below. In view of the fact recorded in paragraph no.6 of the impugned order that the Collector, Pune vide order dated 13th February 2002 has declared that the suit land is non agricultural land, to my mind, so long as the said order of Collector operates, status of the suit land will continue to be that as non agricultural land for all purposes including for institution of the suit. Counsel for the petitioner however, contends that the order of the Collector has been obtained behind the back of the petitioner. That will not make any difference to the legal position. So long as order of the Collector is not assailed before the appropriate forum, the question of assuming that the land is still an agricultural land, cannot be countenanced. On that reasoning, no fault can be found with the conclusion reached by the court below in requiring the plaintiff to value the suit as per market value of the suit property and pay requisite court fee on the plaint. 3. As the petitioner has approached this court by the present petition though filed 30 days after the date of the impugned order, by way of indulgence petitioner is granted 15 days time from today to pay the deficit court fee so as to avail of the liberty granted by the trial court under the impugned order. 3. Petition is dismissed in the above terms. (A.M.KHANWILKAR, J)