1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7352 OF 2010 Sundarlal Dadaram Khare & anr. ... PETITIONERS VERSUS The State of Maharashtra & ors. ... RESPONDENTS ..... Shri V.D. Sapkal, Advocate for the petitioners Mrs. Y.M. Kshirsagar, A.G.P. for respondent Nos.1 to 4 Shri P.K. Joshi, Advocate for respondent No.5 ..... CORAM : R.M. BORDE, J. DATE : 4th October, 2010 PER COURT : 1. The petitioners are aggrieved by the order passed by the Minister in proceedings tendered before him in respect of recording of entry in City Survey record. On perusal of the order, it transpired that the petitioners were not party to the proceedings although they claim their entitlement to Survey No. 3 of Osmanpura, Aurangabad. Respondent No.3 was party to the proceedings, who also claims to have interest in Survey No.3. However, the instant petition is not presented at the instance of concerned respondent, who can be said to be really aggrieved by the order passed by the Minister. Considering the fact that the petitioners were not party to the proceedings taken before the Minister or lower authorities, the order passed in the proceedings 2 affecting his right and entitlement would obviously not bind the petitioners. In order to meet the requirement of observance of principles of natural justice, the authorities below are required to extend hearing to the petitioners before passing any order affecting the alleged rights of the petitioners in relation to Survey No.3 in Osmanpura, Aurangabad. The petitioners shall have liberty to take out appropriate proceedings for protecting their rights in relation to Survey No.3, and the authorities below dealing with such proceedings, if initiated by the petitioners, would consider the same in accordance with the provisions of law and without being influenced by the orders passed in proceedings to which they were not party. It is informed that some proceedings are initiated before the Atiyat Court and the Atiyat Court has a liberty to dispose of the proceedings pending before the said Court in accordance with provisions of law. With these observations, petition stands disposed of. R.M. BORDE JUDGE fmp/wp7352.10