1 wp1451.11.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1451 OF 2011 Mukesh R. Bhayani Proprietor of M/s. Vasu Enterprises ...Petitioner. Vs. The State of Maharashtra & Ors. ..Respondents. Mr. C.B. Thakar for the Petitioner. Mr.Vinay A. Sonpal, A. Panel Counsel for the Respondents. CORAM : DR. D.Y. CHANDRACHUD AND A.A. SAYED, JJ. DATE : 8 SEPTEMBER, 2011. P.C. 1. The attention of the Court has been drawn to an order passed by a Division Bench of this Court on 6 October 2010 in the case of M/s. Sanjay Dresses V. State of Maharashtra (Writ Petition No. 1705 of 2010). Counsel appearing on behalf of the Petitioner and the Respondents state that this petition would also be governed by the same order, which is as follows: "Mr. Sonpal, during the course of hearing, urged that the impugned order levying penalty be set aside and the matter be remitted back for consideration afresh so as to enable the department to comply with the requirement of principles of natural justice. He further submits that fresh notice will be issued 2 wp1451.11.sxw to the petitioner indicating the grounds on which the department proposes to levy penalty. that the petitioner would be given an opportunity to reply the same and after considering the reply and affording personal hearing to the petitioner a reasoned order would be passed dealing with all the contentions raised by the petitioner. In the above view of the submission, learned counsel for the petitioner seeks permission to withdrew this petition reserving his right to challenge adverse order on the grounds as may be available in law including the grounds raised in this petition. All contentions of the parties on merits are kept open" 2. In order to obviate further litigation on the same issue, we would expect the department to comply with the statement which has been made in the aforesaid terms in other cases involving the same issue. 3. Accordingly, we dispose of the Petition. ( A.A. SAYED, J. ) (DR. D.Y.CHANDRACHUD, J.)