Supreme Ahmednagar Karmala Tembhurni, Tollways Private Limited v. The Collector, District Solapur And ORS.

Sr.No.909 WP 4255.16 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4255 OF 2016 Supreme Ahmednagar Karmala Tembhurni, Tollways Private Limited ..Petitioner

Versus

The Collector, District, Solapur and ors.

..Respondents Mr. Anilkumar K. Patil, advocate for the petitioner. Mrs. M. P. Thakur, AGP for the State.

CORAM : RANJIT MORE, DR. SHALINI PHANSALKARJOSHI, J J.

DATE : 15th APRIL, 2016.

P. C. :

Heard learned counsel for the petitioner and learned AGP for the State.

2.

The petitioner seeks to challenge the letter/notification dated 8th March, 2010, issued by respondent No.5. By the said letter/notification, directions are issued to the appellate authorities not to admit the appeal unless 50% of the fine amount under the order impugned is deposited.

3.

Mrs. Thakur, learned AGP placed on record a communication dated 1st November, 2012 by respondent No.5. By the said communication, the letter/notification dated 8th March, 2010, is already withdrawn.

Shubhada S Kadam 1/2

Sr.No.909 WP 4255.16 4.

In the above circumstances, it is clear that depositing 50% of the penalty/fine amount under the impugned order is not a condition precedent for admission of appeal by the appellate authority. In these circumstances, the grievance of the petitioner, no more survives. The petition, accordingly, stands dismissed.

(DR. SHALINI PHANSALKAR-JOSHI) [RANJIT MORE, J.] Shubhada S Kadam 2/2