R. Shinde Shikshan Mandal Through Its Secretary, Rishikesh Shinde And ANR v. State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5074 OF 2015 R. Shinde Shikshan Mandal, through its Secretary, Rishikesh Shinde and anr.

.... Petitioners vs State of Maharashtra and ors.

.... Respondents Mr. Sandeep M. Phatak for the petitioners.

Ms. S.S. Bhende, AGP for respondent.

CORAM:

ANOOP V. MOHTA AND V. L. ACHLIYA, JJ.

DATE : June 12, 2015 P.C.:

Rule. Rule is made returnable forthwith. Heard finally by consent of parties.

We are inclined to dispose of the present petition as after hearing both the parties and after perusing the impugned order/communication dated 6 May 2015, we have noted that no hearing whatsoever was given to the Petitioner before passing the impugned order. Such order definitely affects the Petitioner and 1/2

dgm 2 914-wp-5074-15.sxw their contention so raised in various representation including the letter so referred in the impugned order. Therefore, for want of reason in such matter, such order is required to be interfered with by keeping all points open with direction to pass order after hearing the petitioner and all concerned.

In the result, the writ petition is allowed.

Communication dated 6 May 2015 is quashed and set aside, with liberty to pass fresh order after giving hearing to the Petitioner, as early as possible preferably within three months. Rule is made absolute in the above terms, with liberty. All points are kept open.

No costs.

(V. L. ACHLIYA, J.) (ANOOP V. MOHTA, J.) 2/2