Kavita Sharadrao Hiwrale v. State Of Maharashtra Thr. Additional Commissioner Amravati And Others

7wp3351.16.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION 3351 OF 2016 Kavita Sharadrao Hiwrale

Versus

State of Maharashtra, through Additional Commissioner Amravati and others. --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri N.R.Patil, AGP for respondents 1 to 3.

CORAM: ROHIT B. DEO, J.

DATE: 03 .10 .2019 .

None appears on behalf petitioner.

2] In any event, the issue does not appear to be res integra.

3] It is not in dispute that the petitioner gave birth to third child on 15.10.2010. The contention of the petitioner is that the 3rd child Tushar died on 29.6.2011 and as on the date of submitting the nomination form she had two children alive. 4] The third child is born after the cut of date on 12.9.2001 and therefore in view of the decision of this Court inter alia in the case of Dnyneshwar Patiram @ Ratiraj Shirbhiye v/s Divisional Commissioner, Nagpur reported in 2012 (3) Mh.L.J. at page 253 petitioner was clearly disqualified.

5] The writ petition is dismissed.

JUDGE RKN