1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2915 OF 2009 Rajaram Rammurti Parit Since deceased through his L.R. Mukund Rajamram Parit (Deceased) through L.R. Bibhishan Mukund Patit, Age 37 yrs., Occu. Agriculture, R/o. Samudrawni, Tq. & Dist. Osmanabad. ....Petitioner. Versus 1. The State of Maharashtra through its Secretary Department of Revenue & Forest. 2. Superintendent of Land Records, Osmanabad. 3. Shahabuddin Mehboob Mendake, through : Fakruddin Mehboob Mendake, Age yrs., Occu. Agri., R/o. Samudrawani, Tq. & Dist. Osmanabad. ....Respondents. Shri. A.B. Madke, Advocate for the petitioner. Shri. N.b. Ghatge, A.G.P. for the respondent Nos. 1 and 2. Shri. R.V. Naiknavare, Advocate for respondent No. 3. CORAM : R.M. BORDE, J. DATE : 24th March, 2010 2 ORAL JUDGMENT : 1. Heard respective counsel appearing for the parties. 2. Rule. With the consent of parties, the petition is taken up for final disposal at the admission stage. 3. The only grievance made by the petitioner in this petition is that the Superintendent, Land Records, Osmanabad before issuing the order on 30.4.2008 has not extended an opportunity of hearing to the petitioner and since the order issued by the Appellate Authority is in disregard with the principle of natural justice, the same shall be quashed and set aside and the deciding authority shall be instructed to deal with the matter afresh after extending an opportunity of hearing to the concerned parties. 4. After presentation of petition notice was directed to be issued. Shri. Ghatge, learned A.G.P. appears for respondent Nos. 1 and 2. The learned A.G.P. is in possession of record and on perusal of record, the counsel agrees that before passing the impugned order, notices were not served on the petitioner/respondent by the deciding authority. In this circumstances, therefore, there is no alternative, but to remit the matter back to the deciding authority with direction to decide the appeal afresh. 3 5. The petition is, therefore, allowed. The order passed by the Superintendent, Land Records, Osmanabad dated 30.4.2008 is quashed and set aside and the matter is remitted back to the said authority for rendering the decision afresh in accordance with the provisions of law. In the facts and circumstances of the case, there shall be no order as to costs. The Appellate Authority shall decide the appeal as expeditiously as possible. Rule is accordingly made absolute. 6. The petitioner herein assures that he would cause appearance before the Superintendent, Land Records, Osmanabad on 12th of April 2010 and as such, no fresh notice, requiring him to appear before the said authority, is necessary. [ R.M. BORDE, J. ] ssc/wp2915.09