IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 1595 OF 2009 WRIT PETITION NO. 1595 OF 2009 WRIT PETITION NO. 1595 OF 2009 WITH WITH WITH WRIT PETITION NO. 1596 OF 2009 WRIT PETITION NO. 1596 OF 2009 WRIT PETITION NO. 1596 OF 2009 Dhiren Pravinchandra Dalal ..Petitioner. Vs. Sub-Divisional Officer, Maval & Ors ..Respondents. Mr G.S. Godbole with Vatsal Shah i/b Nitin Mulye, Advocate for the Petitioner. Mr S. D. Rayrikar, A.G.P. for the Respondents. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 21st JANUARY,2009. DATED: 21st JANUARY,2009. DATED: 21st JANUARY,2009. P.C.: P.C.: P.C.: ---- ---- ---- 1. Heard Mr Godbole,the learned counsel for the Petitioner. Perused petition. 2. Mr Godbole submits that the appeals, filed under the provisions of the Maharashtra Land Revenue Code, 1966, challenging the order of the Sub-Divisional Officer are pending before the District Collector alongwith application for stay. He submits that the stay applications are yet to be heard by the Collector. The Revenue Authorities have put the properties to public auction for recovery of their outstanding dues which are in dispute. He, thus, submits that the Collector be directed to decide the stay application or appeal, as the case may be, and the impugned auction be stayed subject to the reasonable terms and conditions as may be deemed fit by this Court. 3. The learned A.G.P. strongly opposed these petitions. He submits that recovery is in the nature of money claim, therefore, no stay should be granted, especially, looking to the small amount involved in one of the petitions. 4. Having heard rival contentions so far as writ Petition No. 1596 of 2009 is concerned, subject to to deposit of Rs. 3,22,000/- within a period of 15 days from today the Collector shall proceed to decide the subject appeal within a period of three months from the date of this order. Needless to mention that failure on the part of the petitioner to deposit Rs. 3,22,000/- within a period of 15 days from today, it would be open for the Revenue Authority to proceed with the auction of the property for recovery of their outstanding dues. In the event of deposit, the auction for the recovery of Rs. 3,22,000/- shall stand stayed. 5. So far as W.P. No. 1595 of 2009 is concerned, the amount recovered from the Petitioner is in the sum ( 3 ) ( 3 ) ( 3 ) of Rs. 2,00,00,000/- (Rupees Two Crores) (i.e. the sum of Rs. 1,80,00,000 by way of fine and Rs. 2,00,00,00/- by way of royalty). 6. Having heard Mr Godbole so far as this petition is concerned. It is no doubt true that application for stay has yet not been decided and appeal is still pending for final disposal. No useful purpose would be served by directing the Collector to decide stay application looking to the short span of time available since auction of the property is fixed on 1.2.2009 and 13.2.2009. 7. In the above circumstances, the auctions of the property scheduled to be held on 1.2.2009 and 13.2.2009 are stayed subject to deposit of Rs. 50,00,000/- in cash and furnishing solvent security for the balance amount of Rs. 1,50,00,000/-. It is clarified that out of the cash deposit of Rs. 50,00,000/-, 50% thereof i.e. Rs. 25,00,000/- shall be deposited by the Petitioner within two weeks from today and balance amount within three weeks thereafter. Security for the balance amount to be furnished within four weeks from today. ( 4 ) ( 4 ) ( 4 ) 8. Needless to mention that in the event of failure on the part of the Petitioner to comply with the either of the terms of this common order stay shall be deemed to have automatically vacated. It would be open to the Revenue Authority to proceed to recover their outstanding dues through the auction sale. In the event of compliance of terms and conditions, it would be open for the Collector to hear and decide the substantive appeal within a period of three months from today. 9. In the event of adverse order in the appeals the same should not be given effect for a period of one month from the date of communication of the adverse order. 10. All rival contentions on merits are kept open. The Collector while deciding appeals is expected not to get influenced by the order passed by this Court in these writ petitions. Needless to mention that compliance of the terms and conditions shall be without prejudice to the rights of either of the parties. ( 5 ) ( 5 ) ( 5 ) 11. Both writ petitions are disposed of at the stage of admission in terms of this order by consent of parties. No order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)