1 W.P. 1134/1998 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1134 OF 1998 Dagdu S/o Namdeo Shingare .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS Mr. S.S.Choudhari, Advocate for petitioner. Mr. N.B.Patil, Assistant Govt. Pleader for State. CORAM : B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 06/07/2010 ORAL ORDER : [ PER - B.R.GAVAI, J. ] 1. By way of present petition, the petitioner challenges the order dated 10/2/1998, thereby directing the petitioner to close the Bore well dug by him within the period of 3 days. The said order is passed under the provisions of the Maharashtra Ground water ( Regulation for Drinking Water purpose ) Act, 1993. 2. A short ground on which the petition is pressed is that though the Gram Panchayat had granted no objection for electric supply for the said 2 W.P. 1134/1998 Bore-well, without any show cause notice, the impugned order dated 10/2/1998 came to be passed. 3. There is an interim order passed right from 16/4/1998. The contention of the petitioner is that the impugned order is passed without giving him an opportunity of being heard. No affidavit in reply is filed by the respondent. It is settled position of law that before issuing any order inviting adverse civil consequences, notice has to be issued. 4. The petition is, therefore, allowed on the short ground. Rule is made absolute in terms of prayer clause ‘ B ’. However, there shall be no order as to costs. 5. However it is made clear that in the event any exigency arises, the respondent would be at liberty to take action as permissible in law. [ S.V.GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 1134.98