1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO:2864/2006 (M/s Om Trading Co vs. State of Maharashtra and others ) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions and Registrar's orders. .................................................................................................................................................................. CORAM: D.D.SINH A & SMT. V.A .NAIK , JJ. DATED: 22nd February, 2008. *** Heard Mr. S.V. Bhutada, learned counsel for petitioner; Mr. N.S.Khubalkar, learned AGP for Respondents 1 & 5 and Shri S.R. Deshpande for Respondents 2 to 4. 2. Learned counsel for petitioner states that the impugned order dated 3.5.2006 passed by the Conservator of Forests, North Chandrapur Circle is violative of the principles of natural justice, since the petitioner was not given reasonable opportunity of hearing, particularly because the earlier order dated 14.9.2005 passed by the same Authority was in favour of petitioner. Learned counsel, therefore, contended that the impugned order is not sustainable in law. 2 3. Mr. Deshpande, learned counsel for Forests Department, states that the issue falls within the jurisdiction of the Arbitrator as per the arbitration clause in the agreement in question and, therefore, even if the impugned order is passed in absence of the petitioner, that does not specifically prejudices the rights of the petitioner. 4. In the backdrop of the above-referred facts, it is evident that the the impugned order dated 3.5.2006 passed by the Conservator of Forests, North Chandrapur Circle is without giving reasonable opportunity of hearing to the petitioner and, therefore, violative of principles of natural justice and cannot be sustained in law. 5. Hence for the reasons stated hereinabove, the impugned order dated 3.5.2006 is quashed and set aside. The matter is remitted back to the Conservator of Forests North Chandrapur Circle, to reconsider it afresh, by giving opportunity of hearting to the petitioner and take a decision according to law and procedure applicable in this regard within a period of six weeks from the date of communication of this order. It is made clear that we have not expressed any opinion on the merits of the matter, one way or the other. 3 6. With the above direction, Petition stands disposed of. JUDGE JUDGE sahare