JUDGMENT - KHANWILKAR A.M., J.:—Rule. This matter was heard forthwith for final disposal by consent of both the sides on 17th September, 2003, having regard to the fact that short question is involved.

2.This writ petition under Article 227 of the Constitution of India takes exception to the judgment and order passed by the Principal Secretary, Revenue Forests Department, Government of Maharashtra, dated 21st April, 2003, holding that the petitioner is liable to pay non-agricultural assessment in respect of lands situated at villages Ojhar, Konkangaon and Sakore, Taluka Niphad, District Nasik. It is common ground that the said lands were acquired by the State Government and the acquisition proceedings concluded some time in 1968. As the lands thereafter vested in the State Government, the same were made over to the President of India for establishing MIG factory and related purposes by a registered document dated 19th November, 1971. It is also not in dispute that the President of India thereafter allowed the petitioner to occupy the subject lands for constructing MIG factory and that the petitioner is in possession of those lands since then. An indenture was executed between the

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