1 wp5239.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.5239 OF 2010 Hiraman Baburao Gangurde (Patil) and another ...Petitioners vs. The Regional Joint Director(Sugar) Ahmednagar & the Joint Sub Registrar of Co-operative Societies Ahmednagar and others ...Respondents Mr.Tejas Dande for the petitioners Mr.S.N.Bhosale for respondent nos.1 to 3 and 7 Mr.P.N.Joshi for respondent nos.5 and 6. CORAM :A.S.OKA,J. DATE : SEPTEMBER 3, 2010 P.C. 1 Rule. Learned A.G.P waives services for respondent nos.1 to 3 and 7. Mr. Joshi waives services for respondent nos.5 and 6. Respondent no.4 is a formal party. The learned counsel for the respondent nos.5 and 6 on instructions states that by setting aside the order passed by the Appellate Authority as well as by the 1st respondent, the matter be remanded to the 1st respondent with liberty to the 5th and 6th respondents to produce additional material before the 1st respondent which was produced before the Appellate Authority. 2 In view of this statement, the petition need not be kept pending. If the matter is remitted to the 1st respondent, both the parties will get an opportunity to produce fresh material and also an opportunity deal with the material produced by the rival parties. 2 wp5239.sxw 3 Hence, the petition is disposed of by passing the following order : i) The order dated 30th January 2009 passed by the 1st respondent and the order dated 2nd June 2010 passed by the Appellate Authority are quashed and set aside and the matter is remitted to the 1st respondent. ii)The 1st respondent will permit the parties to produce additional documents/material and will hold a fresh enquiry on the basis of the show cause notice dated 10th March 2008 in accordance with law. iii)Fresh enquiry shall be concluded as expeditiously as possible and in any event on or before 31st December 2010. iv)All contentions of the parties on merits are expressly kept open. v) The petitioners and the respondent nos.5 and 6 are directed to appear before the 1st respondent on 23rd September 2010 at 11.00 a.m for fixing the schedule of the enquiry. vi)Rule is partly made absolute in above terms. JUDGE