1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1064 OF 2011 (Indian Society for Technology Development & Anr. vs. State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & P.D. KODE, JJ. JUNE 06, 2011. Heard Shri Sambre, learned counsel for the petitioner, Shri Sonare, learned AGP for respondents No. 1 to 4 and Shri Kurekar, learned counsel for the proposed intervenor. Shri Sambre, learned counsel states that permission to start the course in Diploma in Fire Engineering was sought by pointing out non availability of constructed premises at Pitesur, Godhani and hence address of Makardhokada was also given. After taking inspection, permission to start institute has been granted and since 2007, the petitioner has been running the college satisfactorily. He further states that when show cause notice was received, all this was properly pointed out but then without giving any opportunity of hearing to the petitioner, the impugned order dated 18.02.2011 came to be passed. He is inviting attention to various documents to substantiate his contentions. According to learned AGP as also Shri 2 Kurekar, learned counsel, permission was sought in respect of village Pitesur, Godhani and no permission for Makardhokada was applied for. According to them, therefore, the college could not have been started in construction located at Makardhokada, they, therefore, justify the action taken. After hearing respective counsel, we find that in application for college as moved in the year 2008-09, the petitioners have given both the addresses i.e. address of village Pitesur and of Makardhokada. This fact has not been looked into by the respondents while passing the impugned order. Along with the petition, some photographs are also filed alleging the same to be of college of Makardhokada. The application as moved by the petitioners reveal Khasara No. 77, ad-measuring 86R at village Pitesur, as the place proposed for the college. In this situation, the fact that college has not been conducted at village Pitesur for all these years is also apparent. Without observing anything more on merits, we find it necessary to give the petitioners an opportunity of hearing. The respondents shall hear the petitioners in the light of its representation / reply to show cause notice within a period of three weeks from today and pass fresh orders in the matter as early as possible and in any case within a further period of two weeks. Till then, the petitioners shall not admit students to the Fire Engineering course for the year 2011-12. 3 With these observations, writ petition is disposed of. No order as to costs. JUDGE JUDGE *GS.