1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3435 OF 2008 Sandeep Punaji Patil ... Petitioner V/s. The State of Maharashtra & Ors. ... Respondents Mr. B.A. Walimbe for the Petitioner. Mr. P.P. Kakade, AGP, for Respondent Nos.1 and 2. Mr. P.A. Pol for Respondent No.3. CORAM : SMT. NISHITA MHATRE, J. DATE : 19TH JUNE, 2009 P.C. : 1. The petitioner’s main grievance appears to be that the Revision Application which was decided on 9th May, 2008 was not served on him. It is contended on behalf of the petitioner that although he was served with a notice of communicating that the Revision Application was posted for hearing before respondent No.1 on 8th January, 2008, the application was not served upon him. It is, therefore, contended that the order passed in the Revision Application ought to be quashed as no hearing has been afforded to the petitioner. 2 2. Records were called for from the first respondent to ascertain as to whether the Revision Application was served on the petitioner. The learned AGP candidly states that although a notice was served and acknowledged by the petitioner intimating him that the matter would be posted for hearing on 8th January, 2008, there is no material on record to indicate that the Revision Application was served on the petitioner. 3. In these circumstances, in my view, the order passed by the first respondent in the Revision Application must be set aside and the Revision Application will have to be heard a fresh. 4. Accordingly, the impugned order dated 9th May, 2008, is set aside. The first respondent shall intimate to the petitioner the date of hearing as well as serve the Revision Application on the petitioner well in advance before the date of hearing. 3 5. The petitioner is running the Rationing Shop today and may continue to do so pending the Revision Application. 6. The learned AGP, on instructions from Shri Girish Janardan Taharabadkar, Under Secretary, Department of Food, Civil Supply and Consumer Protection, State of Maharashtra, states that the Revision Application will be disposed of within a period of eight weeks from the service of the application for Revision. 7. In case any order adverse to the petitioner is passed in the Revision Application, it will not be acted upon for a period of two weeks after communicating the same to the petitioner. 8. Petition disposed of accordingly. ......