ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.3365 OF 2008 PETITION NO.3365 OF 2008 PETITION NO.3365 OF 2008 Ashwani Narayandas Vaswani & Ors. ...Petitioners. Vs. The Principal Secretary, Revenue & Forest Dept. & Ors. ...Respondents. Mr.S.P.Kanuga i/by Smt.Sapna N.Nath for the Petitioners. Mr.N.V.Walawalkar, Sr.counsel with Mr.S.D.Rayrikar, AGP for Respondent Nos. 1 to 3. CORAM CORAM CORAM : R.V.MORE, J. : R.V.MORE, J. : R.V.MORE, J. DATED DATED DATED : 7th August, 2008 : 7th August, 2008 : 7th August, 2008. P.C. P.C. P.C. . Heard Mr.Kanuga appearing for the Petitioners and Mr.Walawalkar, Sr.Counsel with Mr.S.D.Rayrikar, for Respondent Nos. 1 to 3. 2. At the outset, Mr.Kanuga, seeks leave to delete name of Respondent Nos. 4 and 5. Leave granted at his own risk. 3. The Petitioners challenge the notice issued by the Sub-Divisional Officer, Ulahasnagar Division, Ulhasnagar to the Predecessor in title of the Petitioners informing him that Sanad granted in his favour in respect of Unit No.20 (Part) Sheet No.46, C.No.4 situated at Ulhasnagar is cancelled by the Principal Secretary in a Revision under Section 33 of Displaced Persons (Compensation and ( 2 ) Rehabilitation) Act-1954 and further asking him to remain present in his office alongwith original copy of Sanad, original receipts and map etc. within a period of 8 days. There is no dispute that this notice is issued on the basis of order dated 06/02/2008 passed by the Principal Secretary (R & R), Government of Maharashtra in a Revision under Section 33 of the above Act. 4. The learned counsel appearing for the respective parties does not dispute that the above order dated 06/02/2008 is passed without hearing the Petitioner. It is the specific contention of the Petitioner that had he been given an opportunity, he would have persuaded the Principal Secretary to dismiss the Appeal. In these facts the learned counsel appearing for the respective parties after taking instructions from their clients agrees for quashing and setting aside the impugned notice mentioned above as well as the order dated 06/02/2008 passed by the Principal Secretary, (R & R), Government of Maharashtra in Revision under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act-1954 with liberty to the Government to take appropriate action as permissible, in accordance with law. 5. In view of concession given by the parties, the ( 3 ) petition is being disposed of by passing following order. O R D E R R D E R R D E R 1. The order dated 06/02/2008 passed by the Principal Secretary, (R & R), Government of Maharashtra in Review Petition being No. PLT 1088/CR-49/R.7 under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act-1954, as well as notice dated 10/03/2008 issued in pursuance of above order by the Sub-Divisional Officer, Ulhasnagar Division, Ulhasnagar to the Predecessor in title of Petitioner namely Mr. Khilanmal Zumromal Basantani is quashed and set aside. 2. Respondent Nos.1 to 3 are at liberty to take appropriate steps in respect of the subject matter of this Petition, if available under law. 3. The Writ Petition is, disposed of in above terms. (R.V. (R.V. (R.V. MORE,J.) MORE,J.) MORE,J.)