1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.1600 OF 2010 (Gopal A. Wangal and another vs. State and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND F.M. REIS, JJ. DATED : APRIL 29, 2010 CIVIL APPLICATION NO.1220/2010 Heard Shri Anjan De, learned Counsel for the applicants, Shri Jaiswal, learned Counsel for the petitioners, Smt. Khade, learned Assistant Government Pleader for the respondent nos. 1 to 5, and Shri Mokadam, learned Counsel for the respondent no.6. Civil Application No.1220/2010 is filed by the applicants seeking permission to intervene in the writ petition. The request is not objected by the learned Counsel for the other side. In the 2 circumstances, the civil application is allowed. Needless to mention that if outcome of the petition affects the applicants in the civil application adversely and if they are necessary parties and are not made parties by the petitioners, appropriate order in this regard shall be passed at the relevant time. -------- Heard learned Counsel for the parties. Shri Jaiswal, learned Counsel for the petitioners, has brought to our notice the order dated 3.4.2009 passed by this Court whereby Writ Petition No.126/2009 filed by the petitioners and others was disposed of. The last paragraph of the said order reads thus : “For the reasons stated hereinabove, we quash and set aside the communication dated 24.12.2008 issued by the Desk Officer and remand the matter back to the State Government for re-consideration of the issue whether the procedure followed by the respondent no.5 Market Committee in filling up two additional posts created by the amendment which came into force with effect from 22.1.2008 is consistent with the provisions of the said Act or not. The State Government is directed to take a decision in accordance with law by passing a 3 reasoned order by following principles of natural justice within a period of six weeks from the date of communication of this order. With these observations and directions, the petition is disposed of.” It is submitted by the learned Counsel for the petitioners that the State Government was directed to follow the principles of natural justice before passing the reasoned order, however, the State Government though fixed hearing of the matter after remand on 14/7/2009, the communication issued by the State Government in this regard was received by the petitioners on 15/7/2009, hence, petitioners could not remain present at the time of hearing of the matter and order came to be passed without giving opportunity of hearing to the petitioners, which is in breach of directions given by the Court vide order dated 3/4/2009 as well as in violation of principles of natural justice. Mrs. Khade, learned Assistant Government Pleader for the respondent nos. 1 to 4, does not dispute the factual aspect of the matter. 4 In the backdrop of above referred facts, it is evident that the impugned order dated 24/2/2010 passed by the State Government is not only inconsistent with the directions issued by this Court vide order dated 3/4/2009 passed in Writ Petition No.126/2009, but is also in breach of principles of natural justice. In the circumstances, we quash and set aside the impugned order dated 24/2/2010 and remand the matter back to the State Government, which is directed to undertake the same procedure, which is mentioned in order dated 3/4/2009 referred to hereinabove before taking decision. The State Government to decide the issue by following principles of natural justice within a period of eight weeks from the date of receipt of this order. The petitioners as well as interveners agree to appear before the competent Authority of the State Government at 11 o'clock on 24/5/2010. It is made clear that no fresh notice of hearing shall be given either to the petitioners or interveners. With these 5 observations and directions, the petition is disposed of. JUDGE JUDGE khj