Mohammed Ali Shoukat Ali Kutbi Co. Op Housing Society Vs the State of Maharashtra and Anr.

This Petition impugns the order passed by the Appellate Authority dated 6.6.2012 in Appeal No. ALS-0610/A-464/Pol-9, the limited ground on which the Petitioner has urged for quashing of the appellate order is that the Petitioner was not given an opportunity of hearing inasmuch as the notice issued to the Petitioner intimating the date of the hearing was received by the Petitioner in the evening on the same day and consequently the Petitioner could not attend the hearing of

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the Appeal. In fact, the appellate order also records the absence of the Petitioner.

It appears that the Petitioner was not given an opportunity of hearing and consequently, according to us, the appellate order is vitiated. Resultantly, we allow this Petition and quash and set aside the impugned order i.e. the appellate order dated 6.6.2012 in Appeal No. ALS-0610/A-464/Pol-9 and remit the matter back to the Appellate Authority for a decision afresh in accordance with law after giving an opportunity of hearing to the Petitioner.

(MRS. MRIDULA BHATKAR, J.) (P.V. HARDAS, J.)

Mohammed Ali Shoukat Ali Kutbi Co. Op Housing Society v. the State of Maharashtra and Anr.