ssp 1 WP 1230 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1230 OF 2011 M/s.Lashkaria Construction Pvt. Ltd. .....Petitioner versus The State of Maharashtra and Ors. ..... Respondents WITH CHAMBER SUMMONS NO.295 OF 2011 M/s.Lashkaria Construction Pvt. Ltd. .....Petitioner versus The State of Maharashtra and Ors. ..... Respondents And Malwani Citizens Forum (Trust) and Anr. .....Applicant WITH WRIT PETITION NO.1989 OF 2011 M/s.Sterling Buildcon Pvt. Ltd. and Anr. .....Petitioner versus The State of Maharashtra and Ors. .....Respondents Mr.Shekhar Naphade, Senior Advocate with Mr.C.S.Balsara and Satyen Vora i/by M/s.Markand Gandhi and Co., for the petition in WP No.1230 of 2011. Mr.T.N.Subrananian, Senior Advocate with Mr.Manish Parekh and Ms.Megha Martin i/by Purnanand and Co., for the petitioner in WP No. 1989 of 2011. Mr.D.A.Nalawade, Govt. Pleader, for respondent No.3 in WP No.1230 of 2011. Ms.M.M.Jadhav, AGP, for respondent No.1, 2, 4 and 6 in WP No.1989 of 2011. Mr.J.G.Reddy, for respondent No.3 in WP No.1989 of 2011. Mr.Kalpesh Joshi, for the applicant in CHSW No.295 of 2011. ssp 2 WP 1230 of 2011 CORAM: P.B.MAJMUDAR & MRS.MRIDULA BHATKAR, JJ. DATE: 30 th NOVEMBER, 2011 P.C. 1. The grievance of the petitioners in the above petitions is regarding the cancellation of Letter of Intent without giving an opportunity of hearing to the petitioners. The learned Govt. Pleader after taking instructions from the Principal Secretary, Housing, submits that it is true that the impugned order is passed without giving hearing to the petitioners. He therefore, submits that this Court may set aside the said decision dated 06-05-2011 with a liberty to take out fresh proceedings in accordance with law. He further submitted that before taking any decision, appropriate show cause notice will be issued to the petitioners and after considering the say of the petitioners, appropriate decision will be taken afresh. He submits that if any documents are demanded which may have relevance in connection with the subject matter, the same may be furnished to the petitioners, if request is made. 2. In view of the stand taken by the learned Govt. Pleader, the impugned order dated 06-05-2011 in each of the above petition, is set aside. It will be open to the concerned department to take appropriate action if so desired against the petitioners by way of issuing show cause ssp 3 WP 1230 of 2011 notice and after considering the say of the petitioners, appropriate final decision may be taken in accordance with law. If any documents are demanded by the petitioners, the concerned authority may consider the said demand and if the documents are relevant, the same may be furnished to the petitioners. It is clarified that the authority may take appropriate decision by following the principle of natural justice and if they rely on any documents, it may be furnished to the concerned petitioners. 3. In so far as the Chamber Summons is concerned, the applicant has prayed for intervention in the matter. However, in view of the above order passed in the writ petitions, it is not necessary to pass further order in the chamber summons. It will be open to the intervenor to intervene before the appropriate authority if any action is taken against the petitioners and it is for the appropriate authority to consider whether the said applicant is required to intervene in the matter or not. Such decision may be taken in accordance with law. 4. With the aforesaid observations, both the writ petitions are disposed of. The Chamber Summons is also disposed of. 5. At this stage, the learned Govt. Pleader submits that the petitioners may be directed to maintain status quo prevailing as on today. However, considering the fact that the impugned order is set aside, it ssp 4 WP 1230 of 2011 would not be proper to give further order of status quo and it is for the concerned authority to proceed in accordance with law and to take remedial measures as deemed fit in accordance with law. ( MRS.MRIDULA BHATKAR, J.) ( P.B.MAJMUDAR, J.)