1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3769 of 1999 (Municipal Council, Mohapa v. Tahsildar, Kalmeshwar and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri V.D. Raut, Advocate for Petitioner. Shri Mujumdar, AGP for Respondents. Coram : R.K. Deshpande, J. Dated : 2 nd December, 2010 Misc. Civil Application No.1033 of 2010 : 1. This is an application for restoration of Writ Petition No.3769 of 1999 dismissed in default on 26-7-2010. 2. For the reasons stated in the application, the application is allowed. Writ Petition No.3769 of 1999 is restored and taken up for hearing by consent of the learned counsel for the parties. Writ Petition No.3769 of 1999 : 1. This writ petition challenges the notices dated 5-12-1998 (Annexure-F) and 21-1-1999 (Annexure-K). By these notices, the petitioner-Municipal Council is called upon to pay an amount of Rs.4,84,385/- towards non-agricultural assessment. These notices can be challenged by way of an appeal under Section 247 2 of the Maharashtra Land Revenue Code, 1966. Hence there is a statutory alternate remedy available to the petitioner. 2. Shri Raut, the learned counsel appearing for the petitioner, submits that this matter was admitted on 6-2-2001 and this Court had passed an order as under : “ Heard Shri Dharmadhikari, learned counsel for the petitioner and Mr. Jichkar, learned A.G.P. For the Resp. No.1. 2- Rule. By a communication dated 28 th March, 1997, the Municipal Council, Mohpa was asked to deposit an amount of Rs.4,84,380/- in three equal instalments. It is accepted by the learned Counsel for the petitioner that pursuant to the said communication, no amount is deposited with the Government towards N.A. Assessment. This Court has granted status quo by order dated 14 th October, 1999. The said status quo is modified to the effect that the petitioner/Municipal Council to deposit an amount of Rs.one lakh on or before 31 st March, 2001; further one lakh on or before 30 th June, 2001. On depositing the said amount, as directed above, interim order to continue. In case the petitiioner/Council fails to deposit the said amount on or before 31 st March, 2001, the interim order shall stand vacated automatically. 3- Parties to apply for fixing early date of hearing.” The learned counsel submits that the matter is pending since 1999 and the petitioner has deposited an amount of Rs.1,00,000/- on 3 19-3-2001 and a further amount of Rs.1,00,000/- on 12-4-2001. Thus, the total amount deposited is of Rs.2,00,000/-. He further submits that this Court has granted stay for recovery of the balance amount pending the decision of this petition. He, therefore, prays that the interim order passed by this Court be continued till the decision of the appeal. 3. In view of the fact that there is a statutory alternate remedy available, the petitioner can file an appeal within a period of two months from today, which shall be entertained by the Appellate Authority, keeping in view the fact that the petition is pending before this Court from 13-10-1999. If the appeal is filed within the stipulated period, the interim order passed by this Court shall operate pending the decision of the appeal. 4. The petitioner has deposited an amount of Rs.2,00,000/-. The said amount shall be transmitted to the respondent No.2 – The Collector, Nagpur. The Appellate Authority shall decide the appeal within a period of eight months from the date of receipt of writ of this Court and shall pass appropriate order in respect of the amount of deposit of Rs.2,00,000/-. 5. With the aforesaid observations, the writ petition stands disposed of. No order as to costs. Judge pdl