1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2338 of 2009 Andheri Manish Garden Co-op Housing Society .. Petitioner Vs The State of Maharashtra, through the Hon'ble Minister for Co-operation and Textiles & 3 others .. Respondents Mr. G.S. Godbole i/b S.S. Kanetkar for the petitioner Mrs. S.S. Bhende, AGP for Respondent Nos. 1 to 3 CORAM : SMT. NISHITA MHATRE, J. DATED : 16 th JULY, 2009 P.C.: 1. The petitioner is aggrieved by the order dated 18 th November 2008 passed by respondent no. 1 rejecting the revision application filed by the petitioner. It is contended on behalf of the petitioner that the revision application was heard in his absence and therefore, there has been a breach of rules of natural justice. It is further submitted that although the order in the Revision application indicates that written arguments were filed, the petitioner society had not filed written arguments at any point of time. 2. The learned AGP was directed to produce the record of 2 the case in the court. She candidly states that no personal hearing was accorded to the petitioner society. She submits that on 26 th August, 2008, the advocate for the petitioner reached late and therefore, he had not in fact advanced any oral arguments. She also submits that the order impugned is based on all earlier records and the written arguments which the petitioner may have filed in earlier proceedings. However, she concedes that no written arguments were filed before the 1 st respondent in revision application no. 417/15- S. 3. In these circumstances, it would be appropriate to remand the matter to the 1 st respondent. The 1 st respondent shall hear the revision application within 8 weeks from today. The petitioner will cooperate and ensure that the proceedings before the Revisional Authority are not prolonged unnecessarily. 4. In these circumstances, the petition is disposed of. 5. Parties shall appear before the 1 st respondent on 27 th July, 2009 at 3.00 pm. No fresh notice of hearing will be required. ....... 3