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TMI Blog2018 (9) TMI 482X X X X Extracts X X X X X X X X Extracts X X X X ..... to now proceed after giving hearing to the Petitioner. The proceedings are restored before the Respondent No.3 - Impugned order set aside. - Writ Petition No. 762 of 2018 - - - Dated:- 3-9-2018 - N.M. JAMDAR PRITHVIRAJ K. CHAVAN, JJ. Mr. Abhijit Kamat, Advocate for the Petitioner. Mr. P. Dangui, Government Advocate for the Respondents. ORAL JUDGMENT : (Per N.M. Jamdar, J.) Rule. Rule made returnable forthwith. Learned Government Advocate waives service. Taken for disposal. 2. Heard learned Counsel for the parties. The learned Counsel for the Petitioner does not press for prayer clause (a) of the Petition. 3. The Petitioner has sought to challenge the order dated 31 March 2018 passed by the Respondent No. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the assessment orders. 13. Petitioner states that the orders mentioned that several oral reminders were made to the Petitioner to appear for the hearings. Petitioner states that this is completely untrue and as borne out from the records, there was only one reminder for hearing asking the Petitioner to attend the hearing on 13/11/2017 which was itself posted on 15/11/2017 and received by the Petitioner on 16/11/2017. Thereafter the Petitioner had sought time for hearing vide his letter dated 22/11/2017 which was not responded to at all by the Respondent No.3. 14. Petitioner vide applications dated 07/06/2018 and further letter dated 03/07/2018 sought for review of the assessment orders passed by the Respondent No.3. Petitioner p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r ex-parte without hearing the Petitioner. 5. The Petition was adjourned on various occasions to enable the State to file reply. The learned Additional Government Advocate states that he has taken instructions from Respondent No.2- Commissioner and he states that factual assertions made by the Petitioner as above are correct. If the factual assertions made by the Petitioner, which we have reproduced are correct, then the case for breach of principles of natural justice before passing the impugned order is made out. 6. In the circumstances, prayer as sought for by the Petitioner will have to be allowed and the Commissioner will have to now proceed after giving hearing to the Petitioner. 7. Accordingly, the Order dated 31 March 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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