1 wp731-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION WRIT PETITION NO. 731 OF 2011 Kalas Vividha Karyakari Seva Sahakari Sanstha Maryadeep & Another .. Petitioners V/s. Kalas Shetkari Vivid Karyakari Seva Sahakari Sanstha Maryadeep & Others .. Respondents ..... Mr. P. D. Dalvi for the petitioners. Mr. Vishal Patil & Mr. Yogesh Dalvi for respondent No.1. Mr. S.D. Rayrikar, AGP for respondent Nos.2 to 4. ..... CORAM : A.S.OKA, J. DATE : JULY 18, 2011. P.C.: Heard the learned counsel appearing for the petitioners, the learned counsel appearing for the first respondent and the learned AGP appearing for respondent Nos. 2 to 4. Taken up for final disposal. 2. It is not in dispute that the Appeal preferred by the first respondent has been decided by the Appellate Authority without notice to the petitioner who was impleaded as respondent No.4 in the Appeal. In view of this undisputed factual position that the petitioner was not heard, by setting aside the impugned order, the Appeal will have to be remanded to the Appellate Authority. The learned counsel appearing for the petitioners relied upon the Judgment and order 2 wp731-11 dated 15th June, 2011 passed by this Court in Writ Petition Nos.1974 and 3146 of 2011. He submitted that as directed by this Court in the aforesaid Writ Petition, Appeal be ordered to be reheard by the Secretary. The learned counsel appearing for the first respondent submitted to the order of this Court in this behalf. 3. Hence, I pass the following order: :: O R D E R :: i. The impugned order dated 30th December, 2010 passed by the Hon'ble Minster for Co operation is quashed and set aside and Appeal No.866 of 2010 is restored to the file. ii. The parties are directed to appear before the Secretary, Department of Co-operation and Textiles, Government of Maharashtra on 1st August, 2011 at 3.00 p.m. only for the purposes of fixing the date of hearing. Appellate Authority (Secretary) shall issue notice of the date fixed to the respondent No.5 in the Appeal. iii. Appeal shall be decided as expeditiously as possible and preferably within a period of three months from the 3 wp731-11 date fixed for appearance of the parties. It is made clear that no further notice of the Appeal shall be served to the petitioners. iv. All contentions of the parties on merits are kept open. v. Writ Petition is disposed of accordingly. (A.S.OKA, J.)