vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1994 OF 2009 WRIT PETITION NO.1994 OF 2009 WRIT PETITION NO.1994 OF 2009 Shahir Shaikh ... Petitioner V/s. The Deputy Collector (Enc. Rem.) & Competent Authority & Ors. ... Respondents a/w WRIT PETITION NO.1993 OF 2009 WRIT PETITION NO.1993 OF 2009 WRIT PETITION NO.1993 OF 2009 Bashir Shaikh ... Petitioner V/s. The Deputy Collector (Enc.Rem) & Competent Authority & Ors. ... Respondents Mr.Rajesh Gehani for Petitioners Mr.R.M. Patne, AGP, for Respondent Nos.1 to 5 CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: APRIL 21, 2009 APRIL 21, 2009 APRIL 21, 2009 P.C.: P.C.: P.C.: . The petitioners are aggrieved by the order passed by the Deputy Collector (Enc.& Rem) and Competent Authority cancelling the allotment of commercial premises which were allotted to them as project affected persons. According to the petitioners, they have been running their businesses from the premises for the past 15 years and, therefore, they are entitled to be allotted new commercial premises once the project of widening the road was undertaken. The petitioners further contend that no hearing was afforded to them : 2 : before the allotment which was made in their favour was cancelled. 2. An affidavit has been filed in which it is stated that the licence issued under the Bombay Shops and Establishment Act is forged. 3. In my opinion, it would be in the interest of justice to remand the matters to Respondent No.1. The matters are accordingly remanded to the Respondent No.1 for being decided afresh. 4. Respondent No.1 shall afford a personal hearing to the petitioners and will decide the genuineness of the documents which the petitioners have placed on record The petitioners may produce all necessary documents in support of their claims. Respondent No.1 will then decide whether the allotment of the commercial premises should continue in favour of the Petitioners. The petitioners shall appear before Respondent No.1 on 20.5.2009 at 11am. In case, the premises have not been allotted to any other person as yet, no allotment orders should be issued until Respondent No.1 decides the claims of the petitioner. 5. Petition is disposed of accordingly.