1 OSWPL-2609-2011 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION LODGING NO.2609 OF 2011 Laxmi Charitable Trust ...Petitioner Versus The State of Maharashtra and anr. ...Respondents Mr.Aspi Chinoy, Sr.Advocate with Mr.M.P.S.Rao, Sr.Advocate with Mr.Girish Kulkarni and Mr.Hrishikesh Amembal i/b. Mr.Sandeep Waghmare for petitioner. Ms.Geeta Shastri, AGP for State. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. December 5, 2011. P.C. 1. Perused the impugned show cause notice dated 24/11/2011 issued by the Competent Authority and Additional Chief Secretary, Government of Maharashtra. 2. Admittedly hearing before the Additional Chief Secretary is 2 OSWPL-2609-2011 scheduled today at 3 p.m. In Writ Petition Lodging No.1197 of 2011 similar challenge was raised to the show cause notice dated 10th June 2011 and on some other grounds. 3. Mr.Chinoy invited our attention to the orders passed by this Court on 27th July 2010 as well as on 26th October 2010 passed in Writ Petition No.1908 of 2010 whereas the learned AGP invited our attention to the earlier order passed by the Division Bench on 10/12/2009 in a group of writ petitions filed by the petitioner’s predecessor i.e. Laxmi Education Society and others. 4. In our considered view the petitioner has an opportunity to deal with all the issues during the hearing scheduled today before the Competent Authority and, therefore, at this stage the petition appears to be premature for being entertained challenging the show cause notice. If the petitioner – Society appears before the Competent Authority today and seeks time to file a reply, it would be appropriate that at least a week’s time is granted to file reply and we hope that the Competent Authority would consider it. 3 OSWPL-2609-2011 5. Petition is disposed as premature. 6. In case the proceedings from the show cause notice culminate in a final order adverse to the trust, we direct that it would not take effect for two weeks from the date of communication of the said order against the trust. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)