1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4517/2009 ( Chandrabhagabai D. Kanake -: versus :- Gawarabai C. Atram and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JANUARY 13, 2010. Heard Shri B. Vora, learned counsel for petitioners, Shri S. Deo learned counsel for respondent nos.1 to 3 and learned A.G.P. for respondent nos.4 to 7. By impugned order dated 18.07.2009, the respondent no.4 Divisional Commissioner has rejected the revision, after observing that neither the counsel for revision applicant i.e. present petitioner, nor counsel for non- applicants i.e. present respondent nos. 1 to 3, argued the matter inspite of several chances. Shri Vora, learned counsel has on 4.12.2009 stated that written notes of arguments were already on record. Today while hearing Shri Deo, it has transpired that written notes of argument filed by respondent nos. 1 to 3 were also on record of respondent no.4. It is therefore, apparent that written notes filed by the contesting parties were already on record, and attention of respondent no.4 2 was not invited to this fact, hence the impugned order came to be passed. The order does not evaluate the rival contentions and it is therefore, in the interest of justice that the order is set aside. Accordingly, the said order dated 18.07.2009 is quashed and set aside and the proceedings in Revision Application No. 31/RTS-64/2004-05 are restored to the file of respondent no.4 Divisional Commissioner, Nagpur. Petitioner as well as respondent no.1 to 3 agree to address respondent no.4 orally. It is for respondent no.4 to decide whether he will act on written notes of argument and pass fresh orders or then like to hear the oral arguments and decide the matter. As the matter is sent back, the respondent no.4 shall attempt to decide the matter as early as possible and in any case by 30.04.2010. Parties to appear before respondent no.4 on 09.02.2010 and to abide by his further instructions in the matter. Rule accordingly. Writ Petition is allowed in the aforesaid terms, with no order as to costs. JUDGE Rgd.