wp10636-09.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10636 OF 2009 M/s.Napro Industries & Anr .. Petitioners versus State of Maharashtra & Ors .. Respondents Mr.Vineet B. Naik i/by Gordhandas & Fozdar for the petitioners Mr.S.D.Rayrikar, A.G.P for respondent Nos.1 to 5. Mr.Prashant P. More for respondent Nos.7 to 11. CORAM : S.C.DHARMADHIKARI, J. 22nd JUNE 2011. P.C.: . Heard Mr.Naik appearing on behalf of the petitioner. The petitioner is impugning an order passed by the Additional Commissioner, Konkan Division dated 31st March 2009. Mr.Naik points out that when this order was passed, the petitioner who is described as an opponent, was not heard at all. He invites my attention to pages 53 and 54 of the petition paper-book and points out that only respondent Nos.7 to 11 in this writ petition who were the original complainants, have been heard but the record does wp10636-09.doc 2 not indicate that the petitioner has been in any way heard or the written arguments were tendered on their behalf. 2 This factual assertion has not been denied as is clear from reading of the order itself. The same is not capable of being denied by the authorities or the private respondents. In these circumstances, on the limited ground that the petitioner was not heard by the Additional Commissioner, Konkan Division, before the impugned order was passed, the petition succeeds. The order dated 31st March 2009 is quashed and set aside. The matter will now be heard by the Commissioner/Additional Commissioner, Konkan Division afresh but after giving opportunity to the petitioner and the respondents who are 7 to 11. The Commissioner to endeavour and dispose off this matter as expeditiously as possible and within a period of three months from the date of appearance of the parties. All contentions on merits are kept open. (S.C.DHARMADHIKARI, J)