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Bombay High CourtMCA/716/2016admittedallwdgrantedrule absolute

Sk.Muzammil Sk. Ismail v. Chief Officer,Municipal Council, Jalgaon Jamod And Others

2016-12-09Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Shri Justice P.N. Deshmukh2 pages

912mca716.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Misc. Civil Application No.716 of 2016 in Writ Petition No.3980 of 1998 (D) (Sk. Muzammil Sk. Ismail .vs. Chief Officer, Municipal Council, Jalgaon Jamod and Ors.) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr.P.B.Patil, Advocate for the applicant.

Mr.N.R.Saboo, Advocate for Respondent No.1.

CORAM : B.R.GAVAI AND P.N.DESHMUKH, JJ.

DATE : 9.12.2016.

Heard.

The applicant has approached this Court seeking review of the order passed by this Court dt.14.1.2016 vide which the petition filed by the present petitioner has been dismissed in view of the law laid down by the Apex Court in the case of Secretary, State of Karnataka and Others .vs.

Umadevi and Others reported in (2006) 4 SCC 1.

However, it appears that, prior to the said order being passed by this Court, the petitioner's services were already regularised by the State Government vide Order dt.15.10.2000 in pursuance of the order passed by this Court in Writ Petition Nos.

912mca716.16.odt 2517 of 2000 and 2683 of 2000. In that view of the matter, a good ground is made out for invoking review jurisdiction. Hence, the Misc. Civil Application is allowed. Writ Petition No.3980 of 1998 is restored to file.

Writ Petition No.3980 of 1998 The petition is taken up for admission.

Learned Counsel for the petitioner submits that, in view of the order passed by the State Government dt.15.10.2000, in pursuance of the orders passed by this Court in Writ Petition No.2517 of 2000 and 2683 of 2000, the grievance of the petitioner no more survives. The petitioner, therefore, seeks liberty to withdraw the petition. The petition is disposed of as 'withdrawn'.

No order as to costs.

JUDGE JUDGE jaiswal