1 WP 4568.2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4568 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Hemant Surve,Advocate for the Petitioner. Mr. S.B.Pulkundwar, Asstt.Govt. Pleader for State .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 30/06/2011 PER COURT : 1. Heard the learned counsel for the respective parties. 2, The petitioner’s father was possessing kerosene dealer licence. Since 1992, the same was not activated. Eventually, the father of the petitioner died on 28/11/2003. Thereafter, the present petitioner moved for renewal on 28/1/2004. The same was granted by the Hon’ble Minister. Thereafter, after some time, the said order was again reviewed by the Hon’ble Minister on 26/4/2005. The same has been assailed in the present Writ Petition. 2 WP 4568.2010 3. Mr. Surve, the learned counsel for the petitioner submits that the order under review is without notice to the petitioner. The petitioner was never intimated about the review proceedings being taken up by the Hon’ble Minister. The Hon’ble Minister has no jurisdiction and authority to review the order passed by the earlier Minister. The said order is politically motivated. 4. The learned Assistant Govt. Pleader submits that the petitioner was given notice of the review proceedings and has also signed on the proceeding sheet. The affidavit to that effect has been filed and as per the direction of this Court, the original record has been produced. 5. Be that as it may. In its supervisory jurisdiction, this Court would not embark upon investigation regarding the genuineness of the signature or otherwise. The petitioner claims that he has not been heard. The Order says that the representative of the petitioner was present, whereas the respondents submits that the petitioner was present. It is a trite law that justice should not only be done, it should also appear to have been done. 6. Taking into account the rival submissions, it 3 WP 4568.2010 would be appropriate to remit the matter to the Hon’ble Minister for rehearing of the said review proceedings. The petitioner is relegated to the Hon’ble Minister. The petitioner shall appear before the Hon’ble Minister on 18/7/2011 and the Hon’ble Minister shall endeavour to dispose off the said proceedings expeditiously taking into account the chequered history of the proceedings. 7. The impugned order as such is quashed and set aside. Whether to allot the quota or not shall be decided by the authority pursuant to the decision in the review proceedings. 8. The original record is handed over to the learned Assistant Govt. pleader. [ S.V. GANGAPURWALA,J. ] KNP/WP 4568.2010