1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3621 OF 2010 Shaikh Rashid Sikandar .. Petitioner Versus 1. The State of Maharashtra and others .. Respondents Shri N. V. Gaware, Advocate for the Petitioner. Shri N. B. Khandare, Govt. Pleader for Respondents/State. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 04TH AUGUST, 2010. PER COURT : . Mr. Nitin Gaware, learned counsel for the petitioner states on instructions that the petitioner may be permitted to withdraw this writ petition with liberty to file an appeal before the Divisional Commissioner challenging the order dated 12.03.2010 issued by the Collector cancelling the contract of the petitioner for excavation of sand and also directing the Tahsildar to conduct an enquiry and determine the excess sand excavated by the petitioner. 2 2. In that light of the matter, therefore, we permit the petitioner to withdraw this petition with the liberty as prayed for. We further direct that there shall be a stay to the order of the Tahsildar dated 19.03.2010 calling upon the petitioner to pay the charges including royalty for the excess sand excavated by the petitioner and the order dated 12.03.2010 passed by the Collector. The stay to operate for a period of four weeks from today to enable the petitioner to file appropriate appeal before the Divisional Commissioner and apply for stay to the order of the Tahsildar dated 19.03.2010 and order of the Collector dated 12.03.2010. The petition is therefore, dismissed as withdrawn with aforesaid liberty and directions with no order as to costs. 3. We further direct the Divisional Commissioner to expeditiously decide the appeal filed by the petitioner if filed within four weeks from today. Copy duly authenticated by the Sheristedar of this Court be given to the parties to act upon. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/Aug.10