1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4442 / 2010 (Prakash B Jain vs. State of Maharashtra and others ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : D.D.SINHA & A.P.BHANGALE, JJ DATED : 11th February, 2011. Heard Mr H A Deshpande, learned counsel for the petitioner and Mr. Khubalkar, learned Assistant Government Pleader for respondent 1 and 2. This Writ Petition is directed against the order/ communication dated 9.6.2010 issued by the Joint Director,Higher Education, Nagpur Region, Nagpur whereby the recovery has been initiated for alleged excess payment paid to the petitioner from 1.1.1986. Learned counsel for the petitioner has submitted that before passing the impugned order, fair opportunity of hearing was not given by the Joint Director. The learned AGP, at this stage, has submitted that the Joint Director is ready and willing to reconsider the issue afresh by giving proper opportunity of hearing to the petitioner in this regard. It is brought to the notice of this Court by learned AGP that before passing the impugned order though the petitioner was called for hearing, he did not 2 remain present and, therefore, it does not lie in the mouth of the petitioner to canvass grievance about not granting opportunity of hearing. Be that as it may; since the Joint Director is ready and wiling to reconsider the issue afresh by giving an opportunity of hearing to the petitioner in this regard, we quash and set aside the impugned order dated 9.6.2009 and permit the Joint Director to reconsider the issue afresh by giving reasonable opportunity of hearing to the petitioner and take a fresh decision in this regard, as early as possible. With these observations, Writ Petition is disposed of. JUDGE JUDGE sahare