FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4150 OF 1991 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This petition takes exception to the order dated 11.7.1991 bearing No. 1991/Supply/1/K.V./700 passed by the Collector, Latur, the order dated 13.9.1991 in bearing Case No.91/SB/Desk/III/CSE/Rev.83 passed by the Additional Commissioner, Aurangabad and the order dated 11.12.1991 passed by the Desk Officer, Civil & Foods Supplies, Maharashtra State in case No.Vaiam-1691 /99/Shikana/Nagpur-23. 2 The learned Counsel for the petitioner invited my attention to the grounds taken in the petition and more particularly, Ground No. 4 in the petition and submitted that the impugned orders passed by the Additional Commissioner as well as the Desk Officer are without hearing the petitioner. Therefore, the learned Counsel would submit that in case this Court remits the matter back to the Additional Commissioner for fresh hearing, the grievance of the petitioner can be satisfied. The learned Counsel also invited my attention to the annexures to the petition, the impugned orders passed by the authorities and submitted that the matter requires to be remitted back to the Additional Commissioner for consideration afresh. 3 After hearing the learned Counsel for the petitioner and the learned A.G.P. appearing for the respondents and after perusal of the impugned order passed by the Additional Commissioner, it appears that before passing the impugned order, proper opportunity of hearing was not given to the petitioner. 4 This Court by order dated 27.12.1991, issued Rule in the matter and granted interim relief in terms of prayer clauses (C) and (D). In my considered view, no purpose will be served by keeping this matter pending any more since it is pending for last 18 years. The ends of justice will meet if the order dated 13.9.1991 in bearing Case No. 91/SB/Desk/III/CSE/Rev.83 passed by the Additional Commissioner, Aurangabad and the order dated 11.12.1991 passed by the Desk Officer, Civil & Foods Supplies, Maharashtra State in case No.Vaiam-1691 /99/Shikana/Nagpur-23, are quashed and set aside and the matter is remitted back to the Additional Commissioner for decision afresh. 5 Hence, the impugned order dated 13.9.1991 in bearing Case No. 91/SB/Desk/III/CSE/Rev.83 passed by the Additional Commissioner, Aurangabad and the order dated 11.12.1991 passed by the Desk Officer, Civil & Foods Supplies, Maharashtra State in case No.Vaiam-1691 /99/Shikana/Nagpur-23 are quashed and set aside. The Case No. 91/SB/Desk/III/CSE/Rev.83 is restored to its original position and remitted back to the Additional Commissioner, Aurangabad for decision afresh after giving proper and reasonable hearing to the petitioner, within six months from today. Till the case of the petitioner is decided by the Additional Commissioner, Aurangabad, the interim relief granted by this Court on 27.12.1991 in terms of prayer clauses (C) and (D) of the petition shall continue to operate. The Counsel for the petitioner makes a statement that the petitioner will appear before the Additional Commissioner, Aurangabad on 28th January, 2010. Petition is allowed accordingly. Rule is made absolute in the above terms. No order as to costs. (S.S. SHINDE, J.) 05.01.2010. PLK/*