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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Misc. Civil Application St. No. 6261 of 2009
With
Civil Application Nos. 1618, 1621, 514, 515 and 518
all of 2009 AND Civil Application St. Nos. 15132
and 18018 both of 2009
IN
Writ Petition No.2540 of 2001
Badruddin son of Mehdy Hirani,
serving as Asstt. Engineer
(E&M) in MSEB, resident
of Petiwal Building, First Floor,
Dobi Nagar Road,
Ansar Nagar, Nagpur-440 018. .... Petitioner.
Versus
1. Maharashtra State Electricity Board,
through its Chairman,
at Station Road,
Prakashgad Building,
Bandra (East),
Mumbai-400 051.
2. Shri S.D. Damlay, Joint
Secretary (Technical),
MSEB, Bombay,
resident of at Saraswati Apartment,
Mayur Colony,
Kothrud,
Pune.
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3. Shri M.V. Bage,
Chief Engineer, Rural
O & M Zone,
MSEB, Nagpur,
resiedent of Lakda Pool, Mahal,
Nagpur-440 002.
4. Shri P.G. Huddar, Superintending
Engineer, TLO & M Circle,
MSEB, Nagpur, resident of
Vasant Nagar, near
Deeksha Maidan,
Laxmi Nagar, Nagpur, and
5. Shri D.V. Pimplay, Executive
Engineer, TLO & M Division,
Amravati.
MSEB, Wardha, resident
of Sai Nagar, Badnera Road,
.... Respondents.
*****
Petitioner-in-Person.
Mr. G.E. Moharir, Adv.,for respondent no.1.
*****
CORAM : A.H. JOSHI AND
A.R. JOSHI, JJ.
Reserved on : 17th November,2009.
Pronounced on : 8th December,2009.
ORAL JUDGMENT [Per A.H. Joshi, J]:
1. Heard party-in-person at length.
2. The applicant, who denies to himself the legal assistance, wants this Court to review order passed in Writ ::: Downloaded on - 02/08/2016 16:58:23 ::: 3 Petition No. 3049 of 1980 allowing him to withdraw Writ Petition No. 3049 of 1980 by order dated 22nd January, 1981.
3. Applicant s Writ Petition No. 3049 of 1980 was withdrawn without obtaining leave of Court for filing a fresh petition.
4. Applicant challenged the orders which were already challenged by him in Writ Petition No. 3049 of 1980 by filing a fresh Writ Petition No. 3020 of 1991.
5. The Division Bench of this Court dismissed the Writ Petition No. 3020 of 1991 on the ground that earlier Writ Petition No. 3049 of 1980 was withdrawn without leave of the Court.
6. Had it been applicant s case that it was a mistaken belief or fraud or whatsoever reason available to him in law due to which he had withdrawn his Writ Petition No. 3049 of 1980, he could have punctually sought restoration of Writ Petition No. 3049 of 1980. The applicant, however, as noted above, was either rendered legal advice which was not apt, or has himself on his own acts distracted himself from proper legal advice.
::: Downloaded on - 02/08/2016 16:58:23 ::: 47. In this situation, present application is misconceived on all counts. The applicant may be bona fide believing that whatever he is doing is within the four corners of law. It not being so, the applicant is not entitled for any relief.
8. Misc. Civil Application St. No. 6261 of 2009 is, therefore, rejected.
9. All other Civil Applications are disposed of being consequential to disposal of Misc. Civil Application No. 6261 of 2009.
JUDGE JUDGE
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