M/S. Seminary Tie-Up Pvt. Ltd., ... vs State Of Maha., Thr. Principal ...
2022 Latest Caselaw 9795 Bom

                            1

                                           26-9-2022-wp-699-2022.odt

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               NAGPUR BENCH, NAGPUR
               Writ Petition No.699 of 2022

M/s. Seminary Tie-up Pvt. Ltd.,
through it's Authorized Signatory
and Special Power of Attorney holder;
Yashwardhan Loiya,
Aged about 37 years,
R/o Rajdhani Vihar,
Raipur.                                                 ... Petitioner

     Versus

1.   The State of Maharashtra,
     through its Principal Secretary,
     Department of Industries,
     Energy and Labour,
     Mantralaya, Mumbai.

2.   The Director,
     Directorate of Geology & Mining,
     Government of Maharashtra,
     Shivaji Nagar, Nagpur                              ... Respondents


Shri A.J. Gilda, Advocate for Petitioner.
Ms N.P. Mehta, Assistant Government Pleader for Respondents.


         CORAM : SUNIL B. SHUKRE & G.A. SANAP, JJ.

DATE : 26th SEPTEMBER, 2022

ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

1. Rule. Rule is made returnable forthwith. Heard finally by

consent of the learned counsel for the parties.

2. It is not in dispute that the impugned order having been

issued without giving any opportunity of hearing to the petitioner, the

same cannot be upheld by this Court in view of the law laid down by

26-9-2022-wp-699-2022.odt

the Supreme Court in Common Cause Vs. Union of India and others,

reported in (2016) 11 SCC 455. Such an order, therefore, would have

to be held illegal and we do so.

3. The petition is, therefore, allowed in terms of prayer clause (i)

and accordingly the impugned order dated 18-5-2021 is hereby

quashed and set aside. The matter is remanded back to the

respondent No.2 for fresh consideration, in accordance with law. The

issue shall be decided after giving proper opportunity of hearing to the

petitioner. The petitioner may appear before the respondent No.2 on

17-10-2022. The respondent No.2 shall decide the issue in accordance

with law as early as possible and preferably within a period of four

weeks from the date of appearance of the petitioner.

4. Rule is made absolute in the aforesaid terms. No costs.

                                  (G.A. SANAP, J.)                       (SUNIL B. SHUKRE, J.)
          Lanjewar




Digitally Signed By :P D
LANJEWAR
Signing Date:27.09.2022
17:55