IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.298 OF 2007 IN WRIT PETITION NO.5304 OF 2007 Mrs. Uma Ramakant Kulkarni ... Appellant Vs Education Officer (Secondary), Zilla Parishad, Sangli and others ... Respondents Mr. Y.S. Jahagirdar, senior advocate i/by Mr. Amit Sale for the appellant. Ms. Seema Sarnaik i/by Mr. Ashutosh Kulkarni for the respondent No.3. Mr. R.M. Patne, Assistant Government Pleader for the respondent No.1. Mr. S.R. Ganborale i/by Mr. Indrajeet Joshi for the respondent No.2. CORAM: SWATANTER KUMAR, C.J., & A.P. DESHPANDE , J. DATE : 15TH JULY , 2008 P.C.: We have heard the learned counsel appearing for the parties. The challenge in the present appeal is to the order passed by the learned Single Judge dated 10th August, 2007. 2. In view of the approach that we propose to adopt while dealing with the present appeal, it is not necessary for us to refer to the facts in greater detail even raised in the present appeal. Suffice it to note that some suspicion was expressed by the Education Officer as well as by the learned Single Judge in regard to the letters marked Exhibit `A'. The Management which was the proper party had not been served when the matter was heard and decided by the learned Single Judge vide the impugned judgment. It is commonly conceded in the case. It was necessary that they ought to have served and preferably heard before the order dated 10th August, 2007 was passed. Today, before us, the Management takes the said stand. 3. In view of the above circumstances, we set aside the order dated 10th August, 2007 and remand the matter to the board of learned Single Judge. The counsel appearing for the Management shall appear before the learned Single Judge and the matter would be disposed of in accordance with law afresh. List the case on the board of the learned Single Judge on 11th August, 2008 for directions. The Letters Patent Appeal stands disposed of accordingly. CHIEF JUSTICE A.P. DESHPANDE, J.