Bombay High CourtWP/10671/2016disposed offdismissed for default

Mukteshwar Bhagojirao Putthewad Minor Through Father Bhagojirao Nivratti Puttewad v. The State Of Maharashtra And Another

2016-10-20Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice K. K. Sonawane2 pages

1 WP-10671-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10671 OF 2016 Mukteshwar Bhagojirao Putthewada Minor Through father Bhagorirao Nivrutti Puttewad ...PETITIONER versus The State of Maharashtra and another ...RESPONDENTS .....

Mr. Sunil M. Vibhute, Advocate for petitioner Mr. A.B. Girase, GP for respondents .....

CORAM : R.M. BORDE AND K.K. SONAWANE, JJ.

DATED : 20th OCTOBER, 2016.

Order :- 1.

It would be open for the petitioner to file appeal against order passed by Sub-Divisional Officer. If petitioner files appeal within a period of four weeks from today, the same shall be decided by the authority concerned, in accordance with provisions of law within four months from the date of its presentation and it is accordingly directed. 2.

With the directions as above, writ petition stands disposed of. 3.

It appears that petitioner has made baseless allegations against Sub-Divisional Officer in the petition. Considering the allegations, we had directed the Sub-Divisional Officer to remain present in this court. As per our directions, Sub-Divisional Officer is present in the court today.

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We have also examined the outward register, it does appear that the date appearing in the outward register is the date recorded in the order and copies of the order were transmitted under different outward numbers to various authorities.

5. On perusal of original register, prima facie there does not appear any manipulation or overwriting of any entry in the record nor there is any scope to draw inference that entries are recorded at later stage to escape from the penalty that was likely to be imposed in contempt proceedings. Since petitioner has made baseless allegations against Sub-Divisional Officer, the petitioner is directed to deposit Rs. 1000/- (Rupees One Thousand) towards costs in this court. Writ petition is rejected.

Sd/- Sd/- [K. K. SONAWANE, J.] [R.M. BORDE, J.] MTK