Rushikesh Datta Giri Thr Its Guardian Father Datta Narayan Giri v. The State Of Maharashtra And Others

1 20-wp3749-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3749 OF 2016 Rushikesh s/o. Datta Giri ..Petitioner Vs.

The State of Maharashtra and ors.

..Respondents -- Mr.S.K.Mathpati, Advocate for petitioner Mr.S.D.Kaldate, AGP for respondent no.1 and 2 Mr.P.A.Salvi, Advocate for respondent no.3 Mr.U.S.Mote, Advocate for respondent no.4 -- CORAM : S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : JUNE 08, 2016 PER COURT :

Heard.

2] Heard the learned Counsel appearing for the petitioner, the learned AGP appearing for respondent nos.1 and 2, the learned Counsel appearing for respondent nos.3 and 4.

2 20-wp3749-16.odt 3] The learned Counsel appearing for the petitioner, on instructions, makes a statement that the petitioner will file a fresh application on or before 14.06.2016 to respondent no.3.

4] On receipt of the fresh application from the petitioner, respondent no.3 shall forward the same to respondent no.2 on or before 20.06.2016. Upon receipt of the said application through respondent no.3, we direct respondent no.2 to take a decision on it on or before 30.06.2016 and communicate the decision to respondent nos.3 and 4.

5] Respondent no.2 shall not reject the application for the reasons which are assigned in the impugned communication and shall consider the same on merit and in accordance with the provisions of Rule 26.4 of the S.S. Code.

6] If the decision of respondent no.2 is favarouable to the petitioner, respondent nos.3

3 20-wp3749-16.odt and 4 shall take appropriate steps for correction in the date of birth of the petitioner.

7] The Writ Petition stands disposed of in the above terms.

8] The parties to act on authenticated copies of this order.

[SANGITRAO S. PATIL, J.] [S.S. SHINDE, J.] kbp