WP 6848/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6848/2011 Kailas Vishwanath Udate V/s The State & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri P.G. Rodge, Advocate for petitioner. Shri V.D. Rakh, AGP for respondent nos.1 to 5. Shri K.D. Bade Patil, Advocate for respondent nos.6 & 7. CORAM: B.R. GAVAI & M.T. JOSHI, JJ. Date: 25.11.2011 Heard learned counsel for the parties. Rule. Rule made returnable forthwith and taken up for final disposal with the consent of the learned counsel for the parties. It is the grievance of the petitioner that he came to know about passing of the impugned order dated 19.8.1996 only when he had filed an earlier petition before this Court. It is submitted that he has not received any notice from the committee. It is WP 6848/11 2 submitted that the case of the petitioner was being transferred from one Divisional Committee to another Divisional Committee and as such he could not keep track of the matter. Shri K.D. Bade Patil, learned counsel for the respondent nos.6 & 7, vehemently opposes the petition. He submits that the petitioner was duly served with the notice and as such no interference is warranted in the impugned order. The perusal of the record would reveal that the committee has decided the claim since the petitioner did not remain present before it. It would also reveal that the requisite formalities like report of the Vigilance Cell are also not complied with. In that view of the matter, we allow the petition. The impugned order dated 19.8.1996 is quashed and set aside. The matter is remitted back to the respondent no. 7 - committee with a direction to decide the claim of the petitioner within a period of six WP 6848/11 3 months from today. The petitioner is directed to remain present before the committee on 5.12.2011 and as such the requirement of formal notice shall stand waived. It is directed that no coercive steps be taken against the petitioner till the decision of the committee and in the event the decision of the committee is adverse to the petitioner, for a further period of two weeks from the receipt of such communication by the petitioner. (M.T. Joshi, J.) (B.R. Gavai, J.) Dt/- 25.11.2011 ndk/c2511119