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wp466.15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.466 of 2015
Mayaram s/o Sahajram Sadhwani,
Aged about 67 years,
Occupation - Retired,
R/o Karanja (Lad),
District Washim. ... Petitioner
Versus
1. The Collector, Washim,
District Washim.
2. Chief Officer, Municipal Council,
Karanja (Lad),
District Washim.
3. Municipal Council, Karanja,
through its Chief Officer,
Municipal Council, Karanja. ... Respondents
Petitioner in person.
Shri N.S. Rao, Assistant Government Pleader for Respondent
No.1.
Shri S.A. Sahu, Advocate, holding for Shri M.I. Dhatrak, Advocate
for Respondent Nos.2 and 3.
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wp466.15.odt
Coram : R.K. Deshpande & Mrs. Swapna Joshi, JJ.
th Dated : 20 June, 2017 Oral Judgment (Per R.K. Deshpande, J.) :
1. Heard the petitioner appearing in person, who was granted time for arguing the matter on 6-6-2017. The order passed on 6-6-2017 is reproduced below :
" In view of order dated 07-05-2015 passed by the learned Single Judge (Shri Z.A. Haq, J.) the matters are required to be decided by the Division Bench. The petitioner appearing in-person seeks two weeks' time in this matter. Time is granted by way of last chance. No further adjournment shall be granted. If he wanted to engage Counsel, he should take suitable steps. This Court shall not permit adjournment to engage Counsel on the next occasion when the matter shall be called out."
2. The dispute in this petition relates to a date of birth of the petitioner, who was employed as Octroi Superintendent and retired with effect from 31-7-2004 by an order dated 27-6-2005. According to the petitioner, his date of birth is ::: Uploaded on - 22/06/2017 ::: Downloaded on - 24/06/2017 00:45:20 ::: 3 wp466.15.odt 14-7-1948, whereas it is the case of the respondents that the date of birth of the petitioner was 14-7-1946. Acting on this basis, the respondents have retired the petitioner on his attaining the age of superannuation of 58 years with effect from 31-7-2004.
3. The petitioner appearing in person has invited our attention to the judgment delivered by this Court in Writ Petition No.2264 of 2012 [Municipal Council, Karanja Lad, through its Chief Officer, Karanja Lad, District Washim v. The Additional Commissioner, Amravati/Regional Director of Municipal Administration, Amravati Division, Amravati, and another] on 14- 10-2013. In the said decision, this Court has clearly observed that it is a serious disputed question of fact which is involved in the matter. The Chief Officer of the Municipal Council, after remand of the matter by this Court in the said decision, recorded the finding that the date of birth of the petitioner is 14-7-1948. This was the subject-matter of appeal before the Collector, Washim, who passed an order on 31-10-2015 setting aside the order of the Chief Officer and recording the finding that the date ::: Uploaded on - 22/06/2017 ::: Downloaded on - 24/06/2017 00:45:20 ::: 4 wp466.15.odt of birth of the petitioner is 14-7-1946.
4. The petitioner has an alternate efficacious remedy of preferring a revision under Section 318 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 ("the said Act"). This matter was admitted on 9-2- 2017, keeping the question of alternate remedy open to be adjudicated at the time of final hearing. We do not find any reason as to why the petitioner should not have recourse to the alternate remedy of filing a revision under Section 318 of the said Act by approaching the Divisional Commissioner. If there is a delay in filing a revision, the revisional authority shall take into consideration the period spent in prosecuting this petition to condone the delay caused in filing an appeal.
5. Without expressing any opinion on the merits of the matter, we dismiss this petition on the sole ground of existence of alternate efficacious remedy of filing a revision under Section 318 of the said Act. All questions are left open. Rule ::: Uploaded on - 22/06/2017 ::: Downloaded on - 24/06/2017 00:45:20 ::: 5 wp466.15.odt stands discharged. No order as to costs.
JUDGE JUDGE
Lanjewar
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