KPP -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 142 OF 2011 IN WRIT PETITION NO. 5344 OF 1991 WITH CIVIL APPLICATION NOS. 177 AND 227 OF 2011 Sajjansingh Gopalsingh Chittodia ... Appellant vs. Shri Hanuman Sahakari Grihanirman Sanstha and others ..Respondents Mr. V.A. Sonpal for the appellant. Mr. N.V. Bandiwadekar for respondent No.1. CORAM: P.B. MAJMUDAR & MRS. MRIDULA BHATKAR, JJ. DATE: JULY 11, 2011. P.C. In this appeal, the appellant has challenged the order dated January 07, 2011, passed by the learned single Judge in Writ Petition No. 5344 of 1991. By the impugned order, the learned single Judge set aside the order passed by the authority on the ground that the said order was passed without giving hearing to the first respondent, who was the petitioner before the learned single Judge. The appellant thereafter filed Civil Application on the ground that at the time when the order was passed, he was not present and, therefore, the matter may be re-heard again. The learned single Judge, after giving cogent reasons, found that it is not necessary to entertain the said Civil Application and reserved KPP -2- the right of the present appellant to take out appropriate proceedings which are available to them in law as the impugned order was set aside only on the ground of non-compliance of principles of natural justice. In our view, the learned single Judge has rightly set aside the order on the ground that the same was passed by the authority without hearing the first respondent. It is a well settled position of law that no order which may have civil consequences can be passed, without hearing the concerned person. In view of the same, no interference is called for in so far as the orders passed in Writ Petition No. 5344 of 1991 and Civil Application No. 297 of 2011 are concerned. However, it will be open to the concerned authority to pass fresh order in accordance with law, after complying with the principles of natural justice and after hearing the concerned parties in this behalf. The Appeal and the Civil Applications are accordingly disposed of. P. B. MAJMUDAR, J. MRS. MRIDULA BHATKAR, J.