:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1765 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.Mandar Limaye, Adv. for the petitioner. Ms.V.S.Mhaispurkar, AGP for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 24TH MARCH, 2008. P.C. P.C. P.C. : : : 1. Heard Mr.Limaye appearing for the petitioners and Ms.Mhaispurkar learned AGP appearing for Respondent nos.1 to 3. The presence of Respondent nos.4 to 6 is not necessary. 2. It appears that the order dated 10.12.2007 passed by the City Survey Officer-1, Pune has been delievered without hearing the petitioners. The learned AGP does not dispute :2: :2: :2: the fact that the Application was filed by one Ravindra Kumar on 10.10.2007 objecting to the measurement and the Map placed on record. An Inquiry was made by the Deputy Director of Land Records and he further directed cancellation of the measurement and Demarcation Certificate. Thus, the measurement Map has been cancelled without hearing the petitioner. In such circumstances, the order under challenge cannot be sustained. The City Survey Officer should have given Notice to the petitioner before cancelling this Measurement Map and should have also given him an opportunity to inspect the relevant documents. Once the complaint was made and thereafter an Inquiry was held, the least that was expected from the Authority was compliance with the principles of natural justice. In such circumstances, the order is set aside and the matter will now be reheard by the City Survey Officer, in question. He will pass a fresh order after hearing the petitioner. Petition allowed in the above terms. No costs. :3: :3: :3: **********