1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8470 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard learned counsel for the parties. Rule. Respective counsel waive service of Rule for respective respondents. Taken up for final disposal forthwith by consent of the counsel for the parties. This writ petition under Article 226 of the Constitution of India essentially takes exception to the order dated 28.10.2009 passed by the appellate authority (respondent no.2). The petitioner had approached this Court on the earlier occasion when this Court directed the appellate authority to finally dispose of the appeal within six weeks from 2 the date of the order, which was passed on 18.9.2008. Indeed, the appellate authority has complied with the direction of disposal of the appeal, but has followed the procedure, which can not stand the test of judicial scrutiny. It is noticed that no opportunity of hearing was afforded to the petitioner. The appellate authority proceeded to decide the matter on 28.10.2009, which was the last day of time given by this Court in terms of order dated 18.9.2009. As a matter of fact, the appeal presented by the petitioner ought to have been decided within two months from the date of its presentation, which is the statutory obligation of the appellate authority. Be that as it may, direction to decide the appeal expeditiously does not invest any authority in the appellate authority to decide it without providing any opportunity of being heard to the appellant. In other words, since the appellate authority has not followed procedure established by law, we are inclined to set aside the impugned decision and relegate the petitioner before the appellate 3 authority. Accordingly, this writ petition succeeds. The impugned judgment and order is set aside. In terms of this order, the appeal preferred by the petitioner shall stand restored to the file of the appellate authority, who in turn shall finally dispose of the same not later than four weeks from today. The petitioner shall appear before the appellate authority on 4.2.2010. All questions available to the petitioner, which have been raised in the present petition, are left open to be decided by the appellate authority on its own merits in accordance with law. Petition disposed of on above terms. Needless to observe that until the appeal preferred by the petitioner is finally disposed of, the petrol pump, which was allotted to the petitioner, no third party interest shall be created therein. In case, the order passed by the appellate authority is adverse to the petitioner, this interim arrangement shall be continued for a period of two weeks from the date of communication 4 of the said order to the petitioner to enable the petitioner to take recourse to remedy available in law. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) Dt/- 25.01.2010 ndk/c2511021