FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS WP/2694/2011 WITH CA/6493/2011 MIRAI SHIKSHAN PRASARAK MANDAL V/S STATE OF MAHARASHTRA & ORS ... Shri P.M.Shah, Sr. Advocate i/b Shri D.P.Palodkar, Advocate for petitioner Shri K.M.Suryawanshi, AGP for respondent 1 Shri Atul M. Karad, Advocate for respondents 2 to 5 Shri S.S.Choudhary, Advocate for applicant in CA ... CORAM : D.B.BHOSALE & S.B.DESHMUKH, JJ. Dated : June 14, 2011 ... PER COURT :- 1. Heard learned counsel for the parties for sometime and perused the petition, annexures and the reply affidavit. 2. This Writ Petition is directed against the notice dated 31.3.2011 issued by respondent No.5 - Corporation. 3. The main submission of Shri Shah, learned Sr. Advocate was that the impugned notice is vague and it does not give relevant particulars. According to him, even the order dated 23.3.2011 issued by the Commissioner, on the basis of which the impugned notice has been issued, was also not furnished to the petitioner. 4. Having confronted with this submission advanced by Shri Shah, learned Sr. Advocate, Shri Karad, learned Advocate for the respondent - Corporation, on instructions from the Administrative Officer, who is present in the Court, submitted that the Corporation may be permitted to withdraw the impugned notice with liberty to issue fresh notice giving relevant particulars. Shri Shah, learned Sr. Advocate for the petitioner has no objection for FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS (2) WP/2694/2011 allowing the Corporation to withdraw the impugned notice with liberty as prayed for. He, however, seeks sufficient time to reply and contest the said notice. 5. The impugned notice dated 31.3.2011 is allowed to be withdrawn with liberty to the respondent - Corporation to issue fresh notice giving relevant particulars. The corporation shall give atleast fifteen days' time to the petitioner to reply the said notice and place all the relevant documents on record in support of their claim. If the fresh notice as afore-mentioned is issued by the respondent Corporation, and if the reply is filed by the petitioner along with supporting documents, the Corporation may consider and decide the notice on merits in accordance with law after giving an opportunity of hearing to the petitioner. If the order passed by the Corporation is adverse to the petitioner, same shall remain stayed for fifteen days from the date of its communication to the petitioner. 6. Writ Petition stands disposed of in above terms. 7. In view of disposal of the main petition, Civil Application does not survive and accordingly stands disposed of. 8. While passing this order, we shall not be understood to have examined merits of the case. All contentions of the parties are kept open. (S.B.DESHMUKH, J.) (D.B.BHOSALE, J.) Dt.14.6.2011 akl