( 1 ) RULE. Mr. Desai, Ld. AGP waives service of rule on behalf of respondents. With the consent of learned counsel for the parties matter is taken up for final hearing today.

( 2 ) THE short facts of the case are that the petitioner-society which is a Milk Producers coop. Society was allotted the land for a period of seven years vide order, dated 18. 10. 1979 admeasuring 10 acres bearing S. No. 185/3 and 185/4. The said land was allotted for joint and common cultivation of grass over the land for the members of the society. The said period of lease was extended upto 17. 10. 2000 and 1. 6. 02 and thereafter the society applied to the Dist. Collector for extension of period for a further period of 5 years. It appears that it came on record through the Prant Officer that the petitioner society over the said land has grown trees and the income is derived by disposal of the wood and therefore as per letter, dated 14. 10. 03 the dist. Collector, Mehsana informed the petitioner society that the society has earned the income of Rs. 2,00,336/by growing trees and the disposal of wood out of cutting of the said trees and therefore if the society is desirous to deposit the total income of Rs. 2,00,336/with the Govt and is further ready to give undertaking that without prior permission of the authority the said trees shall not be cut, the matter can be considered for extension of the period of the lease. It appears that the petitioner society instead of paying the amount and giving undertaking submitted the reply and neither steps were taken for depositing the amount nor any undertaking of the society was submitted. Thereafter, the dist. Collector Mehsana ultimately forfeited the land with the trees standing thereon and it is further ordered to take appropriate legal action for misappropriation of the amount of the Govt. It appears that the petitioner carried the matter before the State Govt by preferring revision application and the said revision is dismissed as per the order, dated 30. 6. 2004 and under these circumstances the petitioner has approached this court by this petition.

( 3 ) HEARD Mr. Vyas for the petitioner and Mr. Desai, ld. AGP for the respondent authorities. It may be recorded that this matter was considered for the first time on 1. 11. 2004 and this court has passed the following order: Mr. Vyas, learned advocate for the petitioner states that the petitioner society shall pay Rs. 75,000/ (Rupees Seventy Five Thousand only) by 30th November, 2004 and remaining amount by 31st December, 2004 towards the penalty. The petition is essentially for getting some time to make the payment. 2. In view of the above, notice returnable on 7th December, 2004. Meanwhile, status-quo qua the land in question shall be maintained on condition that the petitioner, without prejudice to the further orders which may be passed by this Court and without prejudice to the rights and conditions in this petitions, shall pay the amount of Rs. 75,000/- (Rupees Seventy Five Thousand only) with the office of the District Collector on or before 30th November, 2004 and remaining amount of Rs. 1,25,000/ (Rupees One Lac Twenty Five Thousand only) on or before 31st December, 2004. It is made clear that upon failure to deposit the amount within the aforesaid time limit by the petitioner, the ad-interim relief shall automatically stand vacated. D. S. Permitted. "

( 4 ) MR. VYAS for the petitioner submitted that as ordered by this court amount of Rs. 75,000/- is deposited on 18/23. 11. 04 and Rs. 1,25,000/- is deposited on 13. 12. 2004 by the petitioner society and placed on record the copy of challan for such purpose for depositing the amount of Rs. 2 lacs with the State Govt. He further states that the petitioner society is ready to deposit the balance amount of Rs. 336/- and also reasonable interest as may be ordered by this court. He also submitted that the petitioner society has no objection in giving undertaking to the Collector as desired by