IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 6358 OF 2008 WRIT PETITION NO. 6358 OF 2008 WRIT PETITION NO. 6358 OF 2008 Mr.Dhanraj S/o. Nathuram Aswani. ... Petitioner. V/s. The State of Maharashtra & ors. ... Respondents. V.A.Thorat, senior counsel i/b. Prachi Tatake for the petitioner. S.R.Nargolkar, AGP for respondent Nos.1 to 3. A.A.Kumbhakoni with G.S.Godbole i/b. Jai Kanade for respondent No.4. Rahul Walvekar i/b. S.R.Ganbavle for respondent No.5 CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 5th February 2009. DATED: 5th February 2009. DATED: 5th February 2009. P.C.: P.C.: P.C.: ---- ---- ---- . Leave to delete respondent No.5. Amendment to be carried out forthwith. 2. Rule, returnable forthwith. 3. Ms.Tatake waives service for the petitioner. Learned A.G.P. waives service for respondent Nos.1 to 3. Ms.Kanade waives service for respondent No.4. 4. Heard finally by consent of parties. 5. This petition is directed against the order dated 16th July, 2008 passed by the Hon’ble Minister for Revenue, Maharashtra State whereby the order dated 15th January, 2007 passed by the Additional Commissioner, Pune Division, Pune was set aside and the order dated 18th November, 2004 passed by the District Collector, Pune came to be restored. 6. During the course of hearing, learned senior counsel appearing for the petitioner urged that the impugned order was passed behind the back of the petitioner without giving notice. On being asked, learned A.G.P. had produced the original record, which, unequivocally, demonstrates that the petitioner was not heard. None of the contesting respondents are able to point out that the petitioner was served and he was heard before the order dated 2nd July, 2008 was passed. 7. In the above view of the matter, without going into the merits or demerits of the matter, considering the prejudice suffered by the petitioner for want of hearing, the impugned order is set aside on this short ground. The proceedings are remitted back to the State Government for hearing afresh with direction to rehear the parties afresh and pass a reasoned order following principles of natural justice as - 3 - expeditiously as possible, at any rate, within a period of three months from the date of receipt of copy of this order. Parties undertake to produce copy of this order before the State Government. Learned A.G.P. also undertakes to communicate this order to the concerned authority. Parties to appear before the State Government on 12th February, 2009 so as to enable it to fix suitable dates of hearing. All rival contentions are kept open. 8. Petition stands disposed of in terms of this order with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)