1 wp290.10.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY APPELLTE CIVIL JURISDICTION WRIT PETITION NO. 290 OF 2010 Smt. Cynthia Pereira and Another ......Petitioners Vs. The State of Maharashtra and others ...... Respondents Mr. D.B. Sawant for the Petitioners. Mr. S.N. Bhosale, AGP for the Respondent Nos. 1 to 3 and 5. Mr. S.P. Kadam for Respondent No. 7. CORAM : A.S. OKA,J. DATE : 16TH DECEMBER, 2010. P.C. 1. Heard the learned Counsel appearing for the petitioners, the learned AGP appearing for respondent Nos. 1 to 3 and 5 and the learned Counsel appearing for respondent No.7-society. The learned Counsel appearing for respondent No.7 on instructions states that as the petitioners have deposited the entire amount due and payable by them under order dated 18th April, 2007, the 7th respondent has no objection if order dated 18th April, 2007 passed by the authorized officer is set aside and after giving an opportunity to the petitioners of being heard, a fresh inquiring is held. 2. The learned Counsel appearing for the 7th respondent prays that 7th 2 wp290.10.sxw respondent may be permitted to withdraw the amount deposited by the petitioners in this Court. 3. The suggestions are reasonable, which deserve to be accepted. 4. Accordingly, the petition is disposed of by passing the following order: (i) The order dated 18th April, 2007 passed by the Authorized Officer as against the petitioners is set aside. It is made clear that the part of the said order which operates against three other persons is maintained and is not set aside. (ii) The Authorized Officer will make a fresh inquiry and pass a fresh order after giving an opportunity to the petitioners and all concerned parties of being heard. The order shall be passed within a period of six months from today. (iii) If for any reason the earlier Authorized Officer is not available, the concerned authority will appoint another Authorized Officer. (iv) The 7th respondent is permitted to withdraw the sum of Rs. 1,99,313/- deposited by the petitioners in this Court together with interest accrued thereon. It is obvious that withdrawal will be subject to the fresh order which may be passed by the Authorized Officer. (v) Petition is disposed of on above terms. 3 wp290.10.sxw (vi) All contentions of the parties on merits of the inquiry are kept open. (vii) The concerned officer shall act upon authenticated copy of this order. JUDGE