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Bombay High Court · body

2015 DIGILAW 1750 (BOM)

Lithoferro v. Village Panchayat of Tivim

2015-07-31

F.M.REIS

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JUDGMENT 1. Heard Shri Parag Rao, learned Counsel appearing for the Petitioner and Ms. Bhandari, learned Addl. Government Advocate appearing for the Respondents. 2. Rule. Heard forthwith with the consent of the learned Counsel appearing for the respective parties. Learned Addl. Government Advocate appearing for the Respondent no. 2, waives service. 3. Upon hearing the learned Counsel for the above parties, the learned Addl. Government Advocate appearing for the Respondent no. 2, has pointed out that the Respondent no. 2 shall given an opportunity to the Petitioners to be heard in the Panchayat Appeal preferred by the Petitioners and pass appropriate Orders in accordance with law. 3. Shri Parag Rao, learned Counsel appearing for the Petitioners, states that the main grievance of the Petitioner in the above Writ Petition is that there was a gross breach of the principles of natural justice as the impugned Order was passed without an opportunity of hearing to the Petitioners. 4. Taking note of the above contentions of the learned Advocates appearing for the parties, the main grievance of the Petitioners would no longer survive. As such, I pass the following : ORDER (i) Theimpugned Order dated 16.06.2014, is herebyquashed and set aside. (ii)The Respondent no. 2is directed to decide the Appeal bearing Panchayat AppealNo. 84 of 2010, preferred by the Petitioners afresh hearing allthe concerned partiesin accordance withlaw. (iii)Ruleis made absolutein the above terms. (iv)No order as to costs.