ssp 1 WP(L) 2284 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2284 OF 2011 M/s.Arpan Developers .....Petitioner versus The State of Maharashtra and Anr. ..... Respondents Mr.P.K.Samdhani, Senior Advocate with Mr.Mayur Khandeparkar i/by S.N.Fadia, for the petitioner. Mr.N.P.Pandit, AGP, for respondent No.1. Ms.P.A.Purandare, for the respondent No.2. CORAM: P.B.MAJMUDAR & MRS.MRIDULA BHATKAR, JJ. DATE: 30 th NOVEMBER, 2011 P.C. 1. Heard the learned counsel appearing in the matter. The grievance of the petitioner is that the appeal filed by the petitioner under Section 47 of the Maharashtra Regional and Town Planning Act, has been dismissed by the Principal Secretary, Urban Development Department, without hearing to the petitioner and it is an ex-parte order. The learned counsel for the petitioner submitted that the impugned order is required to be set aside and the matter is required to be sent back to the appellate authority, asking the appellate authority with a direction that appropriate order may be passed after hearing the petitioner. It is submitted that the notice of the appeal dated 30-06-2011 indicating that the appeal was fixed ssp 2 WP(L) 2284 of 2011 on 07-07-2011 at 11.30 a.m., was received by the petitioner on the same date i.e. on 07-07-2011 at 11.45 a.m. 2. Considering the said fact, it cannot be said that the petitioner deliberately did not remain present at the time of hearing of the appeal. In the interest of justice, we direct the Principal Secretary, Urban Development Department, to give hearing to the petitioner and to take a fresh decision in an appeal after hearing the petitioner. For this purpose, the petitioner may initially appear before the appellate authority on 07-12-2011 at 11.00 a.m. and the appellate authority may thereafter give date to the petitioner informing it that the matter shall be heard at a particular date so that there may not be any further dispute. 3. In view of what is stated above, the impugned order is set aside and the matter is remanded back to the Principal Secretary, Urban Development Department, for taking afresh decision. The writ petition is accordingly disposed of. ( MRS.MRIDULA BHATKAR, J.) ( P.B.MAJMUDAR, J.) f