Dagadu Sitaram Chavan (Decd) Through Lr. Ramdas Chavan Thru Poa, Rajendra Puekar And ORS v. State Of Maharashtra Through The Principal Secretary And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2308 OF 2016 Dagadu Sitaram Chavan ...

Petitioners

Versus

State of Maharashtra and Ors.

...

Respondents Mr. P.B. Shah i/by Sanjay Kulkarni for the petitioners. Mr. Vikas Mali, AGP for R. Nos. 1 and 2.

CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATED : OCTOBER 18, 2016.

P.C.

Parties through their counsel.

2.

The grievance of the petitioner is that before passing the impugned order dated 29.4.2015 Exh. F, the Authority has not complied with the directions contained in the order dated 24.9.2012 in WP No. 8953 of 2012 inasmuch as no opportunity of hearing was accorded to the petitioners before taking the impugned decision.

3.

Having gone through the impugned order, it is clear that before passing the impugned order no opportunity of hearing on the representation has been given to the petitioners. In the

42-wp-2308.2016.sxw circumstances, we set aside the impugned order and remit the matter back to respondent no.1 for passing a fresh order after giving opportunity of hearing to the petitioners. Petitioners to appear before respondent no.1 on 9.11.2016 at 3.00 pm. The said authority is expected to pass a reasoned order after hearing the petitioners as expeditiously as possible but not latter than three months from the date of appearance of the petitioner. 4.

Writ petition is disposed of accordingly.

(MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.)