Bombay High CourtCAO/582/2015dismissedrule discharged

Zashram Domaji Thaware, Teacher Sai Baba High School v. The Secretary, Bahu Uddeshiya Triroop Shikshan Sanstha, Nagpur And Others

2015-04-10Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao582.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.O. NO.582/2015 IN M.C.A. NO.137/2015 (D) IN WRIT PETITION NO.1089/2007 (D) Zashiram Domaji Thaware ..V/s..

The Secretary, Bahuuddeshiya Trioop Shikshan Sanstha, Makar Dhokla, Nagpur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.L. Chauhan, Adv. for the applicant/petitioner. Shri D.B. Patel, A.G.P. for respondents 5 and 6. CORAM : Z.A. HAQ, J.

DATE : 10.4.2015 The original petitioner has filed this civil application for speaking to minutes with following prayers :- "(1) Kindly to set aside the decision, dated 17-022015, of the MCA No.137/2015, of this Hon'ble Court, given in the Doc. No.3, as the error, in making applicable the decision of the Division Bench in the W.P. No.1928/2008, is not corrected by the said MCA, and (2) Kindly to restore the said MCA No.137/2015 at the stage of returnable notice, and (3) Kindly to make reference to a larger bench as

2 cao582.15 per the Rule 7 of the Chapter I, of the Bombay High Court Appellate Side Rules of 1960, if this Hon'ble Court deems that the decision of the Division Bench, given in the Doc. No.1, is not applicable to the case of the present petitioner."

The prayers as made in this civil application cannot be considered while dealing with the application under Chapter 11 Rule 2 of the Bombay High Court Appellate Side Rules, 1960. The application in terms amounts to seeking review of the order passed on M.C.A. No.137/2015. The M.C.A. No.137/2015 was for review of the judgment passed in Writ Petition No.1089/2007. In the circumstances, the application is dismissed with costs quantified at Rs.1,000/- (Rs. One Thousand Only) to be paid by the petitioner to the respondent Education Officer. The amount of costs shall be paid within two months and the receipt shall be produced on the record. JUDGE Tambaskar.