1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4932/2009 ( M/s. Ashok Prakashan Pvt. Ltd. -: versus :- Divisional Commissioner, Amravati 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 : NOVEMBER 17, 2009. Heard Shri P. Marpakwar, learned counsel for petitioner, learned A.G.P. for respondent no.1 and Shri Naik, learned counsel for respondent no. 2. Learned A.G.P. is seeking time to obtain instructions and to file reply. However, considering the arguments advanced by other Advocates, the request is rejected. Prima facie it appears that respondent no.1 has not recorded any reasons and petitioner was not heard before passing of that order. Contention of petitioner is that he was awarded contract of printing question papers and he also completed that work and also delivered some question papers to Zilla Parishad. The remaining delivery was not accepted. Order dated 4.11.2009 impugned before this Court shows that resolution of Zilla Parishad awarding work to petitioner is 2 found to be contrary to Rules. Hence, by taking recourse to Section 267-A of the Maharashtra Zilla Parishad and Panchayat Samiti Act, the impugned order has been passed. The order does not show necessary facts, so as to gather as to how the resolution is contrary to law. It is apparent that petitioner was not heard before passing the said order, and even records of Zilla Parishad were not summoned. In the circumstances, the impugned order cannot be sustained, the same is set aside and the matter is restored back to the file of the Divisional Commissioner, Amravati for taking fresh decision on the subject in accordance with the law. Petitioner as well as respondent nos. 2 and 3 to appear before the said Authority on 25.11.2009 and shall comply by its further direction in the matter. The said Authority shall attempt to decide the issue as early as possible and in any case by 08.12.2009. Till then status quo prevailing on 4.11.2009, shall be maintained by the parties. Writ Petition is allowed in aforesaid terms. Rule accordingly. No costs. JUDGE Rgd.