wp493-10.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.493 OF 2010 Dhondiba Sagu Yede (deceased) through Lrs. Pandurang Dhondiba Yede and Ors. .. Petitioners Versus Sambhaji Raghu Pawar & Ors. .. Respondents Mr.Dilip Bodake for petitioners Mr.Abhijit Kadam i/b. U.B.Nighot for respondent No.1 Mr.Tejasweeta Kadam i/b. S.M.Sabrad for respondent Nos. 2 and 4 Ms.P.S.Cordozo, AGP for respondent Nos. 5 to 9 CORAM : S.C.DHARMADHIKARI, J. DATE : 13th July 2011. P.C.: 1] The grievance of the petitioners is that the Minister of State for Revenue, Government of Maharashtra passed an order on 5th February 2008 in R.T.S. Proceedings but that order has been passed without hearing the petitioner as also opponents in the said proceedings. A review was sought of this order but the same is also rejected on the ground that the same is not maintainable. wp493-10.doc 2 2] Without entering into any larger controversy, since the order itself reciting that both sides were absent on the date on which the matter was heard, interest of justice would be served if the order dated 5th February 2008 is quashed and set aside and the proceedings on which the said order has been made are restored to file of the State Government for disposal afresh and on merits and in accordance with law, but after hearing both sides. The authority to whom the proceedings will now be assigned shall not be influenced by any observations in the impugned order but must decide the same totally uninfluenced thereby. The parties are directed to appear before the concerned authority on 22nd July 2011 at 10.30 a.m. No fresh notice is required. All contentions of both sides are kept open. Petition disposed of. No costs. (S.C.DHARMADHIKARI, J)