JUDGMENT:- The short question arising in this petition under Art. 226 of the Constitution is the refundability of the money paid in pursuance of the order at Exh. - A and the legality of Exh.-B being a notice of demand threatening recovery by recourse to coercive measures permissible under the Maharashtra Land Revenue Code, 1966 (MLR Code).

2. Land measuring 1589.7 sq. metres forming part of C.T.S. No. 425/ 1 to 44 at Vile Parle, Taluka Andheri, Bombay Suburban District belongs to a Public Trust known as St. Francis Xavier Church situate at Vile Parle, Bombay. Petitioner is the sole Trustee of the said Trust. The impugned order at Exh.-A alleges that the Trust has converted the land which is agricultural to non-agricultural purposes without obtaining the previous permission of the Competent Authority under the MLR Code. This is said to have rendered the occupant liable to the penalties mentioned in S.45 of the Code together with the Rules framed thereunder. The order calls upon the Trust to pay a total sum of Rs.9,540/- representing the N.A. Assessment for the period 1-8-1962 to 31-7-1984. Para 8 of the order recites that the N.A. assessment shall be continued to be levied "till the

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