907-WP-1422-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1422 OF 2023 Jayanti Ramji Gohil ...Petitioner Versus The State of Maharashtra ...Respondent Ms. Aasha Bhuta a/w Mr. Anssul Bhuta, Ms. Sanika Ghadigaonkar i/b Bhuta & Associates for the Petitioner. Ms. Jaya Bagwe for the Respondent No.2. Mr. Suraj Gupte, A.G.P for the Respondent-State. Mr. Rahul Gaikwad a/w Adv.Komal Singh a/w Ms. Prerna Shah i/b Gravitas Legal for the Respondent No.3. CORAM : M. S. KARNIK & SANDESH D. PATIL JJ. DATE : 3 rd SEPTEMBER, 2026 P.C. : 1. Heard learned Counsel for the parties. 2. Admittedly, the petitioner was not heard before the impugned order was passed against him. The finding recorded is that the transfer is on the basis of the forged documents. In such Wakodikar 1/3 RUPALI RAJESH WAKODIKAR Digitally signed by RUPALI RAJESH WAKODIKAR Date: 2026.09.07 17:28:15 +0530 907-WP-1422-2023.doc view of the matter, the petitioner should have been heard before any adverse order was passed against him. 3. The impugned order is therefore, set aside. The matter is remitted back to the respondent No.2 for a fresh hearing in accordance with law. 4. The parties to appear before the respondent No.2 on 22nd September, 2026 at 11.00 a.m. 5. The respondent No.2, after giving opportunity to the petitioner to file a response and after hearing the parties, shall pass a fresh order in accordance with law. 6. In the meantime, learned Counsel for the petitioner, on instructions, graciously submitted that till the issue regarding the transfer attains finality, the petitioner shall pay monthly maintenance of Rs.10,000/- to the respondent No.3, from this month i.e. from Wakodikar 2/3 907-WP-1422-2023.doc September, 2026. 7. Petition is accordingly disposed of on the aforesaid terms. 8. All contentions of all parties are kept open. (SANDESH D. PATIL, J.) (M. S. KARNIK, J.) Wakodikar 3/3