PETITION NO.1975 OF 2008 WRITWRIT PETITION NO.1975 OF 2008 Sachin Ramkisan Pardeshi v. The Chief Executive Officer, Pune Cantonment Board & Anr.

Mr.V.A.Shastry for the petitioner. Mr.K.J.Presswala i/by M/s.Mulla & Mulla & Craigie Blunt & Caroe for Respondent No.1. CORAM : J.N.PATEL & : J.N.PATEL & CORAM CORAM : J.N.PATEL & S.S.SHINDE, JJ. JJ. JJ. S.S.SHINDE, S.S.SHINDE, DATED : 27th March, 2008. : 27th March, 2008. DATED DATED : 27th March, 2008. P.C. P.C.P.C.

Heard the learned counsel for the petitioner and Respondent No.1.

This petition can be disposed of at the 222 stage of admission itself. The petitioner is required to approach this Court with a grievance that his un-numbered appeal and application for stay are pending before the Appellate Authority, Pune Cantonment Board and the same should be expeditiously disposed of.

2. It is the case of the petitioner that he has preferred a statutory appeal impugning the notice and order passed by the Chief Executive Officer, Pune Cantonment Board under the provisions of Section 248(1) and Section 249 of the Cantonment Act, 2006 on the basis of allegation that he has carried out certain additions and alternations contrary to the rules and regulations governed by the Pune Cantonment Board.

Learned counsel appearing for the Cantonment Board submits that the appeal would be disposed of in due course. He further submits that it is the Respondent No.2 who is the authority and will be in a better position to assist this Court as to when the appeal would be disposed of. 333

In our view, it will be proper on the part of the appellate authority to deal with the appeal preferred by the petitioner as early as possible as there is hanging sword on the petitioner of demolition of his structure and, in case, the said appeal cannot be disposed of expeditiously, at least pass an appropriate order on his application for stay of impugned notice and order.

We, therefore, dispose of this petition with directions to the appellate authority to dispose of the unnumbered appeal preferred by the petitioner as expeditiously as possible and preferably within a period of six months from the date of receipt of this order. In case the unnumbered appeal of the petitioner cannot be taken up immediately for hearing, his application for stay be heard and disposed of in accordance with law.

With these directions, the petition stands disposed of. [J.N.PATEL, J] J] J] [J.N.PATEL, [J.N.PATEL, 444 [S.S.SHINDE, J] J] J] [S.S.SHINDE, [S.S.SHINDE,