1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9055 OF 2007 Mrs.Gausiya Maksud Patel & Ors. .. Petitioners. Vs. Mr.Noman Sofi Patel & Ors. .. Respondents. Mr.K.S.Dewal, Advocate for the petitioners. Mr.Uday P. Warunjikar for respondent nos. 1 to 5. Mrs.S.S.Bhende, A.G.P. For respondent nos. 6 to 8. CORAM : D.B. BHOSALE, J. DATED : 18TH NOVEMBER, 2009 P.C. 1. Heard learned counsel for the parties. 2. Rule, By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. By consent, the petition is taken up for hearing and final disposal at the admission stage itself. 3. This writ petition is basically directed against the orders dated 30th March 2007 passed by the Deputy Director, Land Records Konkan Division, Mumbai in Appeal No.811 of 2007 and dated 3rd October 2007 passed by the Superintendent, Land Records, Pune in Appeal No. LSR/298/06. 4. The learned counsel for the petitioners and respondent nos. 1 to 5 at the outset submitted that the 2 order dated 3rd October 2007 of respondent no.7 is passed without issuing notice to the petitioners and respondent nos. 1 to 5. This statement of the learned counsel for the petitioners has not been disputed by the learned AGP. Thus, it is clear that the impugned order was passed by respondent no.7 without giving an opportunity of being heard to the petitioners and respondent nos. 1 to 5. In the circumstances, I am inclined to set aside the order dated 3rd October 2007. I am satisfied that the following order shall meet an ends of justice : (a) The order dated 3rd October 2007 issued by Under Secretary, Revenue Minister in Revision No. NBM 2707/PK 228/L-1, Revenue and Forest Department, Mantralaya, Mumbai is set aside and the revision is restored to file. Respondent no.7 shall hear the revision afresh after giving an opportunity of being heard to the petitioners and respondent nos. 1 to 5. Respondent no.7 shall hear the revision on merits in accordance with law as expeditiously as possible and preferably within a period of twelve weeks from the date of receipt of this order. (b) The petitioners and the learned AGP to communicate this order to respondent no.7 within a period of two weeks from today. 3 (c) While passing this order, I shall not be understood to have examined merits of the case. With these observations, rule is made absolute. No costs. (D. B. Bhosale, J.)