WP/5638/10 1 SSK/9 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5638 OF 2010 Dashrath Tarashankar Singh ....Petitioner Versus State of Maharashtra & Ors. ...Respondents Shri P.C. Kansara i/b. M/s. Kansara & Thanekar, Advocates for the Petitioner. Ms. S.S. Bhende, AGP for Respondent Nos. 1 to 3 & 5. CORAM : R. V. MORE, J. DATED : 27th AUGUST, 2010. P.C.: Heard learned Counsel for the respective parties. 2. Rule. By consent of the parties, the Rule is made returnable forthwith. 3. This petition is directed against the order passed by the State Government on 6th July, 2010 dismissing the appeal filed by the Petitioner. The impugned order is being challenged on various factual as well as legal grounds. One of the ground of challenge is that the Appeal was heard by the Deputy Chief Minister on 30th June, 2008. Whereas, the judgment and order was passed on 6th July, 2010 i.e. practically after two years, wherein WP/5638/10 2 SSK/9 crucial contentions which were raised were not considered by the concerned authorities while passing the said judgment and order. The learned Counsel for the Petitioner relies upon the judgment of this Court in the case of Devrang Rasiklal Vora Vs. Union of India & Ors. reported in 2004(2) Mh.L.J. 208 and contended that any unexplained delay in pronouncing the judgment has negated the statutory right of appeal conferred by statute. He contended that the impugned judgment and order as such may be set-aside. 4. Having heard rival parties and in view of the judgment of Devrang Rasiklal Vora/s case (Supra), the impugned judgment and order is set-aside without examining the merits or demerits , and the proceedings are remanded back to the State Government for hearing and decision afresh with directions to pass reasoned order within two months from the date of hearing. The petition is disposed of, accordingly. Rule is made absolute in terms of this order. There shall be no order as to costs. 5. The interim order of this Court passed on 23rd July, 2010 shall remain in force during the pendency and fresh disposal of the appeal and two weeks thereafter, in case, the order is adverse to the Petitioner’s interest. (R. V. MORE, J.)