1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10673 OF 2009 Avinash Harnish Kothari & Anr ..Petitioners Vs. State of Maharashtra ..Respondent Mr. G.S.Godbole i/b Mr. Navneet Chahal for the Petitioner Mr. R. M. Patne, AGP for Respondent No.1 CORAM: A.S.OKA, J. DATED: 9th February, 2010 P.C. 1. Heard learned Counsel appearing for the Petitioners and learned A.G.P. for the Respondents. The Learned AGP for the respondents pointed out that the order dated 28th October 2009 was passed by the Sub-Divisional Officer, Alibag on the basis of show cause notice dated 26th August 2009 issued by the said officer to the Petitioners. He stated that the Petitioners have already filed a reply to the said show cause notice and have produced documents. On instructions, he states that the order 2 dated 28 th October 2009 is withdrawn and the concerned officer will give hearing to the petitioner on the show cause notice dated 26 th August 2009. He states that no coercive action will be taken against the petitioners till the decision on the show cause notice. The statements made by the learned AGP are accepted. 2. Hence, petition is disposed of by passing the following order: (i) The order dated 28 th October 2009 passed by the Sub- Divisional Officer, Alibag stands withdrawn. (ii) The concerned officer will give hearing to the petitioners and will pass appropriate order in accordance with law on show cause notice dated 26 th August 2009. (iii) The hearing shall be concluded and order shall be passed within a period of twelve weeks from today. (iv) It will be open for the petitioners to file additional reply /additional documents for dealing with show cause notice within a period of two weeks from today. (v) All contentions of the parties on merits of the show cause notice are kept open. 3 (vi) the order passed by the concerned officer on the show cause notice shall be communicated to the petitioners at the address of the petitioners mentioned in the cause title of this petition. Till the show cause notice is decided, no coercive action shall be taken against the petitioners in respect of the property subject matter of the petition. If the order passed on the show cause notice is adverse to the petitioners, the order shall not be implemented for a period of three weeks from the date on which the same is communicated to the petitioners. (vii) In view of the statements made by the learned AGP, the impugned orders are quashed and set aside only on the ground that order dated 28 th October 2009 has been withdrawn. (viii) The learned counsel appearing for the petitioners seeks permission to withdraw the suit in view of the aforesaid directions. Accordingly, the suit is dismissed as withdrawn with liberty to the petitioners to file appropriate proceedings including a civil suit for challenging order passed on the show cause notice, if the same be adverse to him. 4 (ix) On the basis of a certified copy of this order, the trial court will pass a formal order on the suit filed by the petitioner. (x) Writ Petition is disposed of in the above terms. (A.S.OKA, J)