1 13.wp.447-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.447 OF 2011 Goldie Sud. ..Petitioner. Vs. The State of Maharashtra and others. ..Respondents. .......... Mr.Mahesh Jethmalani, Senior Advocate a/w. Mr.Kamlesh Ghumre, Advocate i/b. Petitioner in person. Mr.A.S. Gadkari, A.P.P. for the State. .......... CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATED : 17th FEBRUARY, 2011. P.C. 1. The limited grievance in this Petition, on which the Petition ought to succeed, is that, the Petitioner was not afforded an opportunity of being heard. In that, the Petitioner was asked to appear before the Authority, who has passed the impugned order, on 12th July, 2010 at 5:00 p.m., however, by the time he appeared before the Authority on that day, the impugned order was already passed. In view of this grievance, we asked the learned A.P.P. to take instructions from the concerned Authority as to whether the Petitioner can be given one more opportunity to effectively defend the externment proceedings against him. PPD 2 13.wp.447-11 2. Learned A.P.P. on instructions states that the Appropriate Authority in deference to the observation made by the Court, has no difficulty in acceding to this request in the facts and circumstances of the case without prejudice, including not accepting the allegations made by the Petitioner in the present Petition. 3. Accordingly, the impugned order dated 12th July, 2010 is set aside and the proceedings are restored to the file of Appropriate Authority to be decided on its own merits in accordance with law. The Petitioner shall file reply, if any, on or before 23rd February, 2011 before 4:00 p.m. The Appropriate Authority will fix the matter for hearing on 24th February,2011 at 11:00 a.m.. The Counsel appearing for the respective parties assure to abide by this direction. 4. Accordingly, petition is disposed on the above terms. All questions are left open. 5. All the concerned to act upon the authenticated copy of this order duly authenticated by the Registry of this Court. (A. R. JOSHI, J.) (A. M. KHANWILKAR, J.)