Ratnagiri Mahila Sahakari Phal Prakriya And Pannan Sanstha Ltd. , Ratnagiri v. State Of Maharashtra Thru Thr Hon'Ble For Co-Operation And Marketing And ORS

P.H. Jayani 16 WP13474.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13474 OF 2018 Ratnagiri Mahila Sahakari ....Petitioner V/s.

State of Maharashtra & Ors.

....Respondents Ms. Seema Sarnaik for the petitioner.

Mr. A.B. Kadam, AGP for respondent nos.1, 2 and 4. Ms. Neha Choche, under Secretary Co­operation, Marketing and Textile Department, Mantralaya, present.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 07th JANUARY, 2019.

P.C.:

.

Heard. By consent, petition is taken up for final hearing. 2.

By this petition, under Article 227 of the Constitution of India, the petitioner has challenged the order dated 21/11/2017 whereby the respondent no.1 - Minister for Co­operation and Marketing, Mantralaya, Mumbai has dismissed the Revision Application No.705/2014. One of the grounds raised by the petitioner is that the impugned order was passed without hearing the petitioner. Mr. A.B. Kadam, learned AGP, after taking instructions from the concerned officer - Ms. Neha Choche who is present before the Court concedes 1/2

P.H. Jayani 16 WP13474.18.doc that the petitioner was not given an opportunity of hearing before passing the impugned order.

3.

It is thus clear that the impugned order is passed in violation of principles of natural justice. Hence, the impugned order cannot be sustained. The petition is allowed. The impugned order dated 21/11/2017 is therefore set aside. The Revision Application be decided afresh after hearing all the concerned parties. The petitioner to remain present before the Respondent No.1 - the learned Minister for Co­operation and Marketing, Mantralaya, Mumbai on 16/01/2019 to take any date convenient for hearing of the revision application. 4.

Writ Petition stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2