1 wp9173.10 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.9173 OF 2010 Kashiram Laxman Nikam & Ors. ...Petitioners. Vs. State of Maharashtra & Ors. ... Respondents. ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. R.R. Mishra for the Petitioner. Ms. P.S. Cardozo, AGP for Respondent Nos.1 to 3. Mr. S.J. Ghorgare for Respondent Nos. 4 to 8 CORAM : A.S. OKA, J. DATE : 16th DECEMBER 2010 P.C.:- 1. Submissions of the learned Counsel appearing for the parties were heard on 15th December, 2010 and today the petition was kept for passing orders at 4.50 p.m. 2 wp9173.10 2. The learned Counsel appearing for respondent Nos. 4 to 8 who are the contesting respondents, on instructions of Respondent No.8 who is personally present in the Court States that the said respondents have no objection, if the order of the Appellate Authority is set aside with a direction to the Appellate Authority to hear and decide the appeal afresh within a time bound schedule. I have heard the learned AGP appearing for respondent Nos. 1 to 3. Hence, in view of concession, an order of remand will have to be passed and status quo prevailing during the pendency of Appeal will have to be restored. 3. In view of what is recorded above, the petition is disposed of by passing the following order. (i) Impugned order dated 11th November, 2010 passed in appeal No. 62 of 2010 is quashed 3 wp9173.10 and set aside and the appeal is restored to the file of the Appellate Authority. (ii) The parties are directed to appear before the Appellate Authority on 29th December, 2010 at 11 a.m. for fixing the schedule of hearing. It is made clear that no further notice of the appeal will be served to the parties. (iii) The Appellate Authority shall decide the appeal expeditiously and in any event on or before 31st January, 2011. (iv) The Administrator shall hand over the charge to the Managing Committee of the petitioner No.9-Society on or before 29th December, 2010. The charge shall be handed over subject to final out come of the appeal. Till the disposal of the appeal, the Managing Committee shall not take any major policy decisions without prior permission of the Appellate Authority. 4 wp9173.10 4. Petition is disposed of on above terms. 5. The parties to act on authenticated copy of this order. JUDGE