IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9215 OF 2009 Rameshlal Notandas Budhermal & ors. ... Petitioners. V/s. The State of Maharashtra and ors. ... Respondents. S.P.Kanuga for the petitioners. A.I.Patel, AGP for the respondents. CORAM : V.C.DAGA, J. DATED : 20th January 2010. P.C. : Heard learned counsel for the petitioners and learned A.G.P. appearing for the respondents. Perused petition. 2. Rule, returnable forthwith. Petition is taken up for hearing by consent of parties. 3. Learned counsel appearing for the petitioners brought to my notice that the impugned order is passed against Shri Notandas Budhermal, who left for heavenly abode some time in the year 1985. This fact was made known to the respondents. However, in spite of specific knowledge of the death of the Shri Notandas Budhermal, the notices appears to have been issued against the dead person and order was also passed against him. Learned A.G.P. appearing for the respondents submits that the impugned order be set aside without examining merits or demerits of the same. 4. In the aforesaid circumstances, dispensing with the reasons, by consent of parties without examining merits or demerits of the order, impugned order is set aside. Proceedings are remitted back to the Additional Chief Secretary, Government of Maharashtra with direction to give notice to all the legal heirs of late Shri Notandas Bhudhermal and decide the matter afresh hearing all the concerned parties following principles of natural justice. Needless to mention that the notice should contain the ground on which the State Government decides to take action against the noticees. All rival contentions are kept open. 5. Rule is made absolute in terms of this order with no order as to costs. (V.C.DAGA J.)