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Bombay High CourtWP/1645/2021disposed off

Chandu Babulal Chavan v. The Union Of India Through Chief Secretary And Others

2022-04-07Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice S. G. Dige2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1645 OF 2021 CHANDU BABULAL CHAVAN

VERSUS

THE UNION OF INDIA THROUGH CHIEF SECRETARY AND OTHERS ...

Advocate for the Petitioner : Shri Sonar Anudeep D. Asst.SGI for the Respondents/ Union of India : Shri A.G. Talhar ...

CORAM : RAVINDRA V. GHUGE & S.G. DIGE, JJ.

DATE :- 07th April, 2022 Per Court :- 1.

On 04.04.2022, we had passed the following order :- "1.

We have briefly heard the learned Advocate for the petitioner and the learned ASG on behalf of the respondents.

2.

We have perused the communication dated 7th April, 2019, vide which the petitioner has received an answer as to why two Samsung Mobiles and his Original Identity card cannot be handed over to him as they are exhibits in the Summary General Court Martial Proceedings and are presently with Headquarters Northern Command (Judge Advocate General) for custody.

3.

The learned ASG submits that if the petitioner makes an application for issuance of fresh permanent identity card, same would be issued to him. He will take instructions and state to the Court, on the next date as regards the

*2* 902wp1645o21 Officer to whom the petitioner should address such application.

4.

Stand over to 7th April, 2022 in the passing orders category."

2.

The learned ASGI submits that the petitioner can apply to respondent No.5 for issuance of a fresh permanent identity card.

3.

The learned advocate for the petitioner submits, on instructions, that the petitioner is satisfied. 4.

Considering the above, this Writ Petition is disposed off with liberty to the petitioner to prefer an application by following the due procedure, to respondent No.5 seeking a fresh permanent identity card.

5.

Insofar as the two Samsung mobile phones are concerned, taking into account the communication dated 07.04.2019 referred to in the above reproduced order, we are not entertaining the prayer of the petitioner to this extent. kps (S.G. DIGE, J.) (RAVINDRA V. GHUGE, J.)