1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8717/2010 Imrankhan Iqbal Khan Qureshi and Ors. .. PETITIONERS VERSUS The State of Maharashtra & ors .. RESPONDENTS ....... Shri Javed R. Shaikh,Advocate for petitioner Shri K.M.Suryawanshi,A.G.P. for respondent No.1 Smt.Sarika Deshpande,Adv.for R.2 and 3. Shri R.N.Dhorde,Adv.for R.4. ......... CORAM : B.R.GAVAI & A.A.SAYED,JJ. DATE : 26/10/2010 ......... PER COURT : 1] Rule. Rule made returnable forthwith. By consent, Petition is heard finally. 2] The petitioner challenges the order dated 26/10/2009 issued by respondent no.2 and the order dated 3/11/2009 2 issued by respondent no.3. 3] The Division Bench of this Court in Writ Petition No. 2097/10 had an occasion to consider identical matters. Petition was allowed vide order dated 30/6/2010. 4] It is the contention of the petitioners that the procedure which is prescribed under the Water (Prevention & Control of Pollution) Act,1974 & Water (Prevention & Control of Pollution) Act, 1981 and Water (Prevention & Control of Pollution) Rules is that unless a copy of the proposed directions are issued and an opportunity of being heard is given, the orders of the nature impugned in the present petition cannot be passed. The learned counsel for the respondent no.1 in this respect has attempted to place reliance on the communication issued by it to the municipal council. The contention which is raised before this Court now therefore also sought to be raised earlier in Writ Petition No.2097/10. However, this Court vide judgment and order dated 30/6/2010 viewed that since no prior notice was given to the petitioners therein before the impugned order was passed, same was not sustainable. 3 5] In that view of the matter, present Petition also will have to be allowed. Rule is made absolute in terms of prayer clause “A”. Needless to state that the order passed by this Court would not come in the way of respondent authority in taking steps as permissible and in accordance with law. [A.A.SAYED] [B.R.GAVAI] JUDGE JUDGE umg/wp8717-10