1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1478 OF 2010 Vithal s/o Sahebrao Kapse and others ...Petitioners Versus The State of Maharashtra and others ...Respondents ..... Mr. R.R. Mantri, advocate for the petitioners Mr. V.H. Dighe, A.G.P. for respondent Nos.1 to 3. Mr. S.B. Talekar, advocate for respondent nos. 4 to 6. ..... WITH WRIT PETITION NO. 1570 OF 2010 Somnath s/o Changanrao Lahamge ...Petitioner Versus The State of Maharashtra and others ...Respondents ..... Mr. Umakant K. Patil, advocate for the petitioner Ms. A.V. Gondhalekar, A.G.P. for respondent Nos.1 to 4. Mr. S.B. Talekar, advocate for respondent Nos. 5 to 7. .... CORAM: A.M. KHANWILKAR & S.S. SHINDE, JJ. DATED: 25TH FEBRUARY, 2010 PER COURT:- 1 Heard. Rule. By consent, Rule made returnable forthwith. Counsel for respondents waive notice. 2 2 In both these petitions, the grievance is that the Maharashtra Administrative Tribunal has allowed Original Applications filed by the private respondents by the impugned decision without even issuing notice to the petitioners, who were respondents in the said proceedings. The fact that no notice was issued to the petitioners before passing final decision by the Tribunal is not disputed before this Court. If it is so, the impugned decision cannot be countenanced. 3 Counsel for the private respondents submits that the Tribunal has passed the impugned decision relying on the decision of the Full Bench of this Court. Even if the Tribunal wanted to allow the Original Applications on the basis of the principle expounded by the Full Bench of this court, we fail to understand how the final order can be passed on the Original Applications without giving notice to the respondents, who were likely to be affected by such order. For this singular reason, we are setting aside the impugned order and remitting the respective Original Applications to the file of the Tribunal to its original Numbers, to be decided afresh in accordance with law. The private parties as well as the petitioners herein shall appear before the Tribunal on 5.3.2010 at 11.00 a.m. on which date the Tribunal may proceed to decide the Original Applications on the same day, if the same are ready for hearing or defer it to some other date, as may be convenient to it but to ensure that the Original Applications are finally disposed of not later than 15.4.2010. 3 3 It is once again made clear that all questions are left upon to be decided by the Tribunal on its own merits. 4 Petitions disposed of on the above terms. Rule made absolute. ( S. S. SHINDE. J.) (A. M. KHANWILKAR, J.) rlj/