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Judgment
Daga V.C., J.—Heard learned senior counsel for the petitioner and learned A.G.P. for the respondents.
The basic complaint made in this petition is that the proceeding challenging an assessment under the Maharashtra Land Revenue Code, 1966 is pending before the Collector and the Collector is not taking any decision. He is neither deciding stay application nor appeal pending before him.
Apart from the fact that the matter is kept pending by the Collector, the Revenue Department is proceeding to recover the assessment charges, which are the subject matter of challenge in the appeal.
Learned Counsel for the petitioner submits that the impugned action of recovery cannot be allowed to proceed unless stay application and/or appeal is decided by the Collector.
The learned A.G.P., appearing for the respondents, submits that the proceeding is pending before the Collector and the Collector is willing to decide the same within a period of six weeks. He further makes a statement that till such time the appeal and/or stay application is not decided, the recovery would not be effected by the Revenue Department. The statement made is taken on record.
The Collector, Raigad is hereby directed to decide the proceeding pending before him with expeditious despatch, at any rate, within six weeks from today. If the order of the Collector is adverse to the petitioner, the same shall not be given effect to for a period of two weeks from date of its communication. All rival contentions on merits are kept open.
The petition stands disposed of in terms of this order. No order as to costs.