Late G.N. Sapkkal College Of Engineering, Through Its Secretary v. State Of Maharashtra And ANR,.

541 wp8034-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8034 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Chaitanya Pendse for the Petitioner Mrs.M.S.Bane, 'B' Panel Counsel for the respondent no.1 Mr.R.P.Behere for the respondent no.2 CORAM : K. K. TATED, J.

DATE : JULY 17, 2017 P.C.:

Not on board. At the request of Advocate for the petitioner, matter is taken on board for urgent orders.

Heard the learned counsel for the parties.

By this Petition under Article 227 of Constitution of India, the petitioner challenges the order dated 5.7.2017 passed by Chairperson, Fees Regulating Authority rejecting Petitioner's application for review on the ground that it was barred by law of limitation.

The learned Counsel for the respondent no.2 after taking instruction from his client B.T.Jagade, Assistance Fees Regulating Authority Mohite 1/2

541 wp8034-17 makes a statement that they will hear Petitioners application for review on its own merits without raising objection of limitation. He submits that next date fixed for hearing of review application is 25.7.2017. Statement is accepted.

Considering these facts, following order is passed:

a) Order dated 5.7.2017 passed by authority is set aside.

b) Authority is directed to hear Review Application filed by Petitioner on its own merits. c) Liberty granted to the Petitioner if they so desire to file their written submission and / or additional affidavit to be filed on or before 20.7.2017.

d) Petitioner is directed to remain present before the authority on 25.7.2017 for hearing of Review Application. There is no question of issuing fresh notice to the Petitioner to that effect. e) In view of this fact, Writ Petition stands disposed of accordingly.

f) No order as to costs.

(K.K.TATED, J.) Mohite 2/2