- 1 - 15-wp-6304-2011 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6304 OF 2011 Chandrakant P. Mansukh & Another .. Petitioners. V/s. Shivbhoomi Patsanstha & Others .. Respondents. Mr. Bhushan Walimbe i/b. Ms. Preeti B, Walimbe, for the Petitioners. Mr. N. V. Gawankar i/b. Mr. Arfan Sait, for Respondent No.1. Mr. R. M. Patne, AGP for Respondent Nos.2 to 5. CORAM: G.S.GODBOLE,J. DATE : 24th NOVEMBER, 2011. P.C:- 1 Heard the learned Advocate for the Parties. 2 RULE. Rule made returnable forthwith. Mr. Gawankar waives service on behalf of Respondent No.1. Mr. Patne waives service on behalf of Respondent Nos.2 to 5. - 2 - 15-wp-6304-2011 3 With the consent of the concerned Advocates, Writ Petition is taken up out of turn and is being disposed off after 2.00 p.m. 4 In this Petition, the following orders were passed on 11th October, 2011 and 17th October, 2011:- Order dated 11 th October, 2011 “ Heard learned counsel appearing for the Petitioner, learned counsel appearing for the Respondent No.1 and the learned counsel appearing for the Respondent Nos.4 and 5. 2 Perused the records. The Application dated 14th September, 2010 which is annexed to the Petition is not on record to the Revision application. 3 The concerned officer of the State Government to file an affidavit in reply dealing with the averments made in the Writ Petition. 4 Affidavit to be filed on or before 9th November, 2011. The Petition shall be placed on board on 17th November, 2011. Ad-interim relief granted earlier will continue to operate till further orders.” Order dated 17 th October, 2011 “ Mr. Patel, learned AGP states that the Jt. Secretary & O.S.D. has filed Affidavit yesterday which is not tagged to the W.P. compilation. Mr. Walimbe has shown photocopy of the Application dated 14th September, 2010 and Mr. Patel on instructions from the Jt. Secretary states that the acknowledgment appears to be that of the office of Hon'ble Minister. Mr. Gawankar disputes this acknowledgment. So one week to produce the original acknowledgment. - 3 - 15-wp-6304-2011 Parties to supplied authenticated copy by Sheristedar.” 5 Today, Mr. Walimbe has produced the original office copy of the application dated 14th September, 2010 submitted by the Petitioner to the Hon'ble Minister for Co-operation which contained endorsement of the office of the Hon'ble Minister. I have perused the original copy so also heard the learned Advocate for the Respondents. It is thus clear that the Petitioners have submitted application for adjournment (Exhibit “G”- page 91) and despite this application, the Hon'ble Minister has proceeded to hear and decide the Revision Application on merits. In this view of the matter, it is necessary to set aside the impugned order and accordingly, the impugned Judgment and Order dated 1st April, 2011 is set aside only on the ground that it was passed without hearing the Petitioners or their Advocate. 6 The Revision Application is restored to file and the Hon'ble Minister is directed to hear and decide the Revision Application afresh after giving appropriate opportunity of hearing to the concerned parties. 7 Needless to state that the interim order passed in the Revision Application which was operating in favour of the Petitioners will revive - 4 - 15-wp-6304-2011 and continue to operate in their favour until the disposal of the Revision Application. Revision Application shall be heard and decided on or before 31st March, 2012. 8 Rule made absolute in the aforesaid terms with no order as to costs. (G.S.GODBOLE,J.)