Citation : 2016 Latest Caselaw 6421 Bom
Judgement Date : 27 October, 2016
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.6528/2005
PETITIONER: Ejaz Khan s/o Mustujab Khan,
Aged about 29 years, Occ : Business,
R/o Ansari Ward, Bhandara,
Tah. & Distt. Bhandara (M.S.).
...VERSUS...
RESPONDENT : 1. The State of Maharashtra,
The Collector, Bhandara, District : Bhandara.
2. The Sub-Divisional Officer,
Bhandara District, Bhandara.
3. The Sub-Registrar, Bhandara.
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Shri A.M. Kadukar, AGP for respondents
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CORAM : SMT. VASANTI A NAIK, AND
KUM. INDIRA JAIN, JJ.
DATE : 27.10.2016
ORAL JUDGMENT (PER : SMT. VASANTI A NAIK, J.)
Heard.
It appears on hearing the learned Assistant Government
Pleader that the issue involved in this case stands answered by the
judgment of the Division Bench of this Court in the case of Jaikumari
Amarbahadursingh...Versus...State of Maharashtra, reported in 2009
(1) ALL MR 343. It further appears that this Court had, while disposing
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of the bunch of the writ petitions by the judgment, reported in 2009 (1)
ALL MR 343, permitted the petitioners therein to approach the
appropriate authority within eight weeks from the date of the decision.
Certain other directions were also issued in paragraph 52 of the said
judgment. Since the petitioner is not represented by a Counsel in the
Court today, it would be necessary to permit the petitioner to approach
the appropriate authority within eight weeks from the date of receipt of
the copy of this judgment, so that the appropriate authority can take a
decision in accordance with the directions in the judgment in the case of
Jaikumari Amarbahadursingh.
Hence, for the reasons recorded in the judgment, reported
in 2009 (1) ALL MR 343 in the case of Jaikumari
Amarbahadursingh...Versus...State of Maharashtra, we permit the
petitioner to approach the appropriate authority within eight weeks from
the date of receipt of the copy of this judgment and seek the relief, that is
permissible in law. The appropriate authority would be required to
consider the matter on its own merits and in accordance with the
directions of this Court in the judgment in the case of Jaikumari
Amarbahadursingh...Versus...State of Maharashtra, reported in 2009
(1) ALL MR 343.
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Rule is made absolute in the aforesaid terms with no order
as to costs.
The Registry is directed to ensure that a copy of this
judgment is served on the petitioner so that appropriate steps could be
taken by the petitioner, as directed in this judgment within the specified
time.
Order accordingly.
JUDGE JUDGE
Wadkar
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