Judgment M.R. Shah, J.—As common question of law and facts arise in both these petitions, they are disposed of by this common order. 2. By way of Special Civil Application No. 11266/2009 respective petitioners have prayed for an appropriate writ, order or direction quashing and setting aside the order/communication dated 10/08/2009 passed by Respondent No. 4 (Annexure-A) and consequential Mutation Entry No. 10953 dated 21/08/2009 (Annexure-B) based on the order dated 10/08/2009 and the order/communication dated 08/04/2009 (Annexure-C) passed by Respondent No. 2. 2.1. Respective petitioners have also prayed for an appropriate writ, order or direction prohibiting Respondent No. 4, Deputy Collector, Choryasi Prant, Surat, from initiating the proceedings under the provisions of Section 76A of the Bombay Tenancy and Agricultural Lands Act, 1948 against the order dated 28/06/2002 (Annexure-D) in Tenancy Case No. 102/2001 passed by Respondent No. 5, the Additional Mamlatdar & Agricultural Lands Tribunal, Choryasi. 3. By way of Special Civil Application No. 11293/2009 respective petitioners have also prayed for the similar reliefs. 4. Having hearing Shri K.K. Trivedi, learned Advocate appearing on behalf of the respective petitioners it appears that the main grievance of the respective petitioners is that so long as Letters Patent Appeal No. 775/2008 in Special Civil Application No. 9609/2006 is not decided and disposed of by the Division Bench and the controversy with respect to which authority has got the jurisdiction to take the order passed by the Mamlatdar under Section 70(o) of the Bombay Tenancy and Agricultural Lands Act, 1948 is not resolved, the concerned respondent, more particularly, Respondent No. 4, who has issued the notice/communication dated 10/08/2009 to take the order passed by the Mamlatdar and ALT under Section 70(o) of the Bombay Tenancy and Agricultural Lands Act, 1948 would be an exercise in futility and, therefore, the same should be stayed. It is submitted that if Letters Patent Appeal No. 775/2008 is allowed and the State Government succeeds and it is held that the Mamlatdar was not having the jurisdiction to pass the order under Section 70(o) of the Bombay Tenancy and Agricultural Lands Act, 1948, in that case, nothing further is required to be done by the State Government as the order passed by the Mamlatdar in favour of the respective petitioners under Section 70(o) of the Bombay Tenancy and Agricultural Lands Act, 1948 would be nullity. It is submitted that only in a case where the State Government loses in the aforesaid Letters Patent Appeal further question of taking the order passed by the Mamlatdar and ALT under Section 70(o) of the Bombay Tenancy and Agricultural Lands Act, 1948 into suo motu revision/appeal shall arise. 5. Shri Kamal Trivedi, learned Advocate General has submitted that in the meantime the respective petitioners may not sell and/or transfer the lands in question pursuant to the order passed by the Mamlatdar and ALT under Section 70(o) of the Bombay Tenancy and Agricultural Lands Act, 1948 in favour of the respective petitioners and they shall also be directed to maintain status quo during the pendency of the proceedings before the Letters Patent Appeal Bench and/or till the controversy raised in the Letters Patent Appeal is resolved. 6. Shri K.K. Trivedi, learned Advocate appearing on behalf of the respective petitioners has stated at the bar that the respective petitioners shall not transfer and/or alienate and/or mortgage the lands in question in any manner whatsoever during the pendency of the proceedings before the Letters Patent Appeal Bench and the controversy raised before the Division Bench in Letters Patent Appeal No. 775/2008 is resolved and in case for whatever reason the respective petitioners wants to transfer the lands in question, appropriate application shall be made in the present proceedings. He has submitted that necessary undertaking to the aforesaid effect shall be filed by the original land owners, inclusive of the respective petitioners, within a period of 15 days from today. 7. He has submitted that necessary undertaking to the aforesaid effect shall be filed by the original land owners, inclusive of the respective petitioners, within a period of 15 days from today. 7. Having heard Shri K.K. Trivedi, learned Advocate appearing on behalf of the respective petitioners and Shri Kamal Trivedi, learned Advocate General appearing with Ms Sangita Vishen, learned Advocate appearing on behalf of the respondents and considering the fact that the main dispute with respect to the powers/jurisdiction of the appropriate authority to deal with and decide the cases under Section 43 read with Section 70(o) of the Bombay Tenancy and Agricultural Lands Act, 1948 is pending before the Letters Patent Appeal Bench, being Letters Patent Appeal No. 775/2008, it appears to the Court that during the pendency and final disposal of the aforesaid Letters Patent Appeal to permit the appropriate authority to take the order passed by the Mamlatdar and ALT under Section 70(o) of the Bombay Tenancy and Agricultural Lands Act, 1948 in favour of the respective petitioners would be an exercise in futility and/or the appropriate authority is required to be restrained from initiating any further proceedings to take the order dated 28/06/2002 under Section 70(o) of the Bombay Tenancy and Agricultural Lands Act, 1948 into suo motu revision/appeal. At the same time balance is to be struck and the respective petitioners are also required to be restrained from further transferring and/or alienating and/or mortgaging the lands in question till any appropriate decision is taken by the Division Bench in the aforesaid Letters Patent Appeal and the parties to abide as per the decision in Letters Patent Appeal No. 775/2008. 8. In view of the above and for the reasons stated hereinabove, the present Special Civil Applications are disposed of by restraining the concerned respondent, more particularly, Respondent No. 4 from initiating any further proceedings to take the order passed by the Mamlatdar and ALT under Section 70(o) of the Bombay Tenancy and Agricultural Lands Act, 1948 in favour of the respective petitioners into suo motu revision/appeal till the outcome of Letters Patent Appeal No. 775/2008 and the parties to abide as per the decision that may be taken by the Division Bench in Letters Patent Appeal No. 775/2008. However, the respective petitioners in both the petitions are hereby restrained from transferring and/or alienating and/or mortgaging the lands in question till the outcome of Letters Patent Appeal No. 775/2008 and the aforesaid proceedings are terminated finally. However, it is observed that in case of any necessity to transfer the lands, it will be open for the respective petitioners to submit an appropriate application before this Court, which shall be considered in accordance with law on its own merits. Respective petitioners/land owners to file necessary undertaking within a period of two weeks from today to the effect that the respective petitioners and the original land owners shall not transfer/alienate and/or mortgage the land in question during the pendency and till the aforesaid Letters Patent Appeal is decided and disposed of and the said proceedings are terminated finally and in case of any necessity to transfer the lands in question, respective petitioners may submit an appropriate application in the present proceedings. 9. With this, both the Special Civil Applications are disposed of with the aforesaid direction and observation.