:1: 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 SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE WRIT PETITION NO.2575 OF 200 WRIT PETITION NO.2575 OF 200 WRIT PETITION NO.2575 OF 2008 M/s. DevduttSarv Vyavasayee Grahak Sanstha & Ors. ...Petitioners. v. The Food Grain Distribution Officer & Ors. ...Respondents. Mr.S.K.Shinde with Sagar Kasare , advs. for the Petitioners. Mr.C.R.Sonawane, A.G.P. for the Respondent Nos.1 to 6. CORAM: D.K.DESHMUKH CORAM: D.K.DESHMUKH CORAM: D.K.DESHMUKH & J.H.BHATIA, JJ. & J.H.BHATIA, JJ. & J.H.BHATIA, JJ. DATE: 15th April, 2008. DATE: 15th April, 2008. DATE: 15th April, 2008. P.C. P.C. P.C. 1. Rule returnable forthwith. Heard finally by consent of the parties. 2. By this petition, petitioners challenge the order dated 31-3-2008 passed by the respondent no.1 cancelling the kerosene licence issued in favour of the petitioners. The grievance of the petitioners is that show-cause notice dated 26-3-2008 was served on them on 29-3-2008. Therefore, they appeared before the respondent no.1 pointing out that their licence has already been suspended and that they should be given 7 days time to file their reply. Respondent no.1 however, did not grant time to file reply and observing that they have failed to file their reply within seven days has :2: passed the order cancelling the licence. In our opinion considering that show-cause notice was issued on 26-3-2008, the hearing was to take place on 31-3-2008 and that admittedly, licence of the petitioners were already suspended, no prejudice would have been caused if 7 days time had been given to the petitioners to submit their explanation. The learned counsel appearing for the petitioners submits that their explanation is ready and they are willing to submit it immediately before the respondent no.1. In our opinion, therefore, the following order will meet the ends of justice. i. Order dated 31-3-2008 cancelling the licence of the petitioners is set aside. Petitioners are directed to appear before the respondent no.1 on 21st April, 2008 and submit their explanation to the show-cause notice. Respondent no.1 thereafter shall proceed to hear the petitioners and pass the order in accordance with law within a period of four weeks from 21-4-2008. It is clarified that all the documents and explanation that the petitioners want to submit has to be submitted on 21-4-2008. Petitioners shall not ask for any extension of time to file any document or explanation and that the order suspending the licence of the petitioners shall continue to operate till the final order is passed by the respondent no.1. Rule made absolute accordingly. :3: 2. No order as to costs. (D.K.DESHMUKH, J.) (D.K.DESHMUKH, J.) (D.K.DESHMUKH, J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)