*1* wp.6023.11.917.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6023 OF 2011 M/s Teli Gali Consumer Co-operative Housing Society. ..Petitioners -Versus- The State of Maharashtra and others. ..Respondents .......... Ms.Poonam P. Bhosale, for the Petitioners. Ms.P.S.Cardozo, AGP, for the Respondents. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 02nd August, 2011. P.C.: 1 The impugned order is passed by the Deputy Controller of Rationing, Mumbai. 2 The impugned order is passed on the show cause notice which has been issued to the Petitioner on 30.06.2011. Upon receipt of the show cause notice, a letter was addressed by the representative/servant of the Petitioner pointing out therein that the shop owner (Bhagatsingh Jadeja) is out of Mumbai and therefore, he will not be able to remain present on 05.07.2011 that is the date on which the hearing was scheduled. The adjournment was sought till 11.07.2011. However, ignoring that request and proceeding in the absence of the Petitioner, the order suspending the authorization of the fair-price shop has been passed on 07.07.2011, a copy of which was received on 21.07.2011. 3 After having heard the learned counsel appearing for the Petitioner and the learned AGP appearing for the Respondents/State, I am *2* wp.6023.11.917.sxw of the view that the order itself recites that the Petitioner was not present and was, therefore, not heard. If there is a show cause notice and the reply thereto was not forwarded because the Petitioner’s representative/owner being unavailable, then, fairness required that in the facts and circumstances of the present case, the reasonable request of adjournment be granted and the matter is heard at a later stage. That having not been done, the impugned order is quashed and set aside, but on the condition that the Petitioner will not seek any adjournment hereafter. In the larger interest of justice, it is directed that if the Petitioner files the reply to the show-cause notice within a period of one week from today and remains present for hearing before the Deputy Controller of Rationing on 12th August, 2011 at 10:30 a.m., the said Deputy Controller to, then, hear the matter and pass a fresh order in accordance with law and uninfluenced by any of the conclusions rendered earlier. All contentions of both sides are kept open. The Writ Petition is disposed of. No costs. (S.C. Dharmadhikari, J)