1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.2598 OF 2009 (M/s. Indo Rama Synthetics (I) Ltd. vs. Gram Panchayat, Takalghat and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri Shyam Dewani, Advocate for the petitioner. Shri Kale, Advocate for the respondent no.1. Shri Majid Sheikh, Advocate for the respondent nos. 2 and 3. Shri M.M. Agnihotri, Advocate for the respondent no.4. Shri A. Parihar, Assistant Government Pleader for the respondent nos.5 and 6. -------- CORAM : D.B. BHOSALE AND P.B.VARALE, JJ. DATED : JUNE 17, 2010 Heard learned Counsel for the parties. Shri Majid Sheikh, learned Counsel for respondent nos. 2 and 3, at the outset invited our attention to sub-section (5) of Section 124 of the Bombay Village Panchayats Act, 1958 (for short, “the Act”) and submitted that a statutory appeal 2 against assessment, levy or imposition of any tax will lie to the Panchayat Samiti and in view thereof, this petition is not maintainable. Having confronted with this, Shri Dewani, learned Counsel for petitioner, prays for withdrawal of this petition with liberty to the petitioner to file an appeal as provided under sub-section (5) of Section 124 of the Act. He further seeks direction to the appellate authority to consider the petitioner's appeal without entering into an issue of limitation. The learned Counsel for the respondents have no objection for issuing such direction. The petition is disposed of as withdrawn with liberty as prayed. If petitioner file an appeal as provided for under sub-section (5) of Section 124 of the Act within a period of four weeks from today, the appellate authority shall decide the same on merits in accordance with law and without entering into an issue of limitation expeditiously. At this stage, Shri Dewani, learned Counsel for petitioner, on instructions, submits that the petitioner in order to show their bonafides and without prejudice to their 3 rights and contentions, shall deposit fifty per cent of the amount demanded by the respondent no.1, within a period of four weeks from today. His statement is accepted. JUDGE JUDGE khj