bgp bgp bgp 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.7352 OF 2008 PETITION NO.7352 OF 2008 PETITION NO.7352 OF 2008 Messrs Moosa Haji Mohamed Killedar & Ors..Petitioner Vs. The State of Maharashtra & Ors. ..Respondent Mr.G.S.Godbole with Mr.Sandesh D.Patil for Petitioner. Mr.S.R.Nargolkar, A.G.P.for Respondent Nos.1 to 4. CORAM CORAM CORAM :- V.C.DAGA,J. :- V.C.DAGA,J. :- V.C.DAGA,J. DATE DATE DATE : 29TH JANUARY,2009 : 29TH JANUARY,2009 : 29TH JANUARY,2009 P.C. P.C. P.C. 1. This Petition is directed against the order dated 10th October,2008 passed by the Hon’ble Minister for Revenue, State of Maharashtra, Mumbai. Before this Court, this Petition was argued on 3rd December, 2008. The minutes of order refers that the hearing before the Appellate Authority was concluded on 16th April, 2008 whereas the impugned order was passed on 10th October, 2008, practically, just before the expiration of six months from the date of hearing. In this view of the matter, an argument was raised for setting aside this order based on the judgment of the Apex Court in the case of Anil Rai Vs. State of Bihar Anil Rai Vs. State of Bihar Anil Rai Vs. State of Bihar 2001(7) 2001(7) 2001(7) SCC 318 SCC 318 SCC 318. 2. The learned APP sought to take instructions whether Respondent No.1 will be willing to give fresh hearing. After obtaining instructions from Mr.R.B.Kumatgi, Assistant and Mr.G.K.Rahate, Under Secretary of Revenue & Forest Department submits that :2: the impugned order be set aside dispensing the reasons for setting aside the impugned order even without examining merits and de-merits of the impugned order, leaving all questions open for being argued before the lower Appellate Court. In the above view of the matter, the impugned order passed by the Hon’ble Minister for Revenue dated 10th October, 2008 is set aside and Case No.S-30/2007/PC.160/J-4 stands restored to file of the Hon’ble Minister with direction to hear and decide the same by a reasoned order following principles of natural justice as expeditiously as possible within four months from the date of receipt of the copy of this order. Petitioner to appear before the Hon’ble Minister on 12th February, 2009 for getting the matter fixed for hearing. 3. Needless to mention that in view of the revival of the proceeding, earlier order, if any also stands revived. Petition stands disposed of accordingly. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.)