1 W.P.No.1452/92 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.1452 OF 1992. Shri Mahadeo and Shri Vaidyanath Mandir, registered Trust : through its Executive President Shri Shivsharanappa Rachappa Chitkote Age 65 years, Occ.Business, R/o Latur. ... Petitioner. Versus 1. The Chief Officer, Municipal Council, Latur. 2. The Settlement Commissioner, Maharashtra State, Pune. 3. The Consolidation Officer, Latur District, Latur. 4. The State of Maharashtra. 5. Shri H.T.Pawar, Consolidation Officer, Latur, Dist.Latur. 6. The District Inspector of Land Records, Latur, Dist. Latur. 7. The City Survey Officer, Latur, Dist.Latur. ... Respondents. 2 W.P.No.1452/92 Mr.S.V.Natu, advocate for the petitioner. Mr.V.D.Hon, advocate for the Respondent No.1. Smt.R.K.Ladda, Asstt. Govt. Pleader for the State. ... CORAM : S.V.GANGAPURWALA,J. Date : 07.07.2011. ORAL JUDGMENT : 1. The petitioner impugns the order passed by the Settlement Commissioner, Pune, dated 8.10.1991, thereby exercising the powers of review. The Settlement Commissioner passed the following order : " I have seen this case. Prima facie the area of CTS No.4725 has been wrongly increased. CO/SLR to take this case in review urgently." The said order is assailed in the present Writ Petition. 2. Mr.Natu, learned counsel for the petitioner submits that the Settlement 3 W.P.No.1452/92 Commissioner could not have suo-motu passed the said order without issuing notice to the petitioner. The Consolidation Officer had directed the correction of the record in respect of the land belonging to the Trust vide order dated 20.7.1987. Pursuant to the said order the area was also corrected. Thereafter, abruptly on 8.10.1991, the Settlement Commissioner reviewed the said order. The Settlement Commissioner did not have jurisdiction to review the said order, the same was done under political influence. As the said order is without any notice to the petitioner, the same can not be sustained. 3. Mr.Hon, learned counsel submits that the Settlement Commissioner has got powers to review. On noticing the error which has been committed, the Settlement Commissioner has rightly exercised its power and has passed the order directing the review. No error has been committed by the Settlement Commissioner while passing the said order. 4. The order which is reproduced by the 4 W.P.No.1452/92 petitioner as having been passed, exercising its power of review by the Settlement Commissioner does not depict the fact that any notice was issued to the petitioner before passing such an order. The order also does not show that any sanction was obtained prior to passing any order of review. Further it is not clear that what material was placed before the Settlement Commissioner to arrive at the said conclusion. Basically the said order suffers from violation of the cardinal principles of natural justice. 5. In light of the above, I quash and set aside the order dated 8.10.1991 passed by the Settlement Commissioner. The Settlement Commissioner, if he so desires to review the order passed on 20.7.1987 or if the present Respondent No.1 seeks to review the order and files an application for review, the Settlement Commissioner after issuing notice to the petitioner and after hearing the respective parties shall pass the necessary orders. It is made clear that all the contentions of the parties are kept open. 5 W.P.No.1452/92 6. The Writ Petition as such is allowed. Rule is made absolute in terms of prayer clause (B). Needless to state that the orders which are passed consequent to the order of the Settlement Commissioner in review which is set aside also would stand set aside. (S.V.GANGAPURWALA,J.) asp/office/wp1452.92