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Bombay High CourtWP/8330/2022dismissed

Subhash Atmaram Gadakh v. The Divisional Commissioner, Amravati Division, Amravati And Others

2023-04-24Hon'Ble Shri Justice Anil S. Kilor2 pages

9wp 8330.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 8330/2022 SUBHASH ATMARAM GADAKH VS THE DIVISIONAL COMMISSIONER, AMRAVATI AND OTHERS ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Mr. S.M. Vaishnav, Advocate for the petitioner Mr. H.D. Dubey, AGP for respondent no. 1 CORAM : A. S. KILOR, J.

DATED : 24/04/2023 Heard.

2.

In this writ petition challenge is raised to the order passed by respondent no. 1 dated 12.10.2022 rejecting the application of the writ petitioner for correction of date of birth of the petitioner in service record as 21.02.1966 in place of 19.06.1965.

3.

It is the case of the petitioner that he has made an application for correction of his date of birth on 27.08.1996, however, on verification and on report received from the Deputy Chief Officer, Zilla Parishad, Buldhana, it is revealed that no such application was received by the Zilla Parishad but, the said application is bogus and created to support the case of the petitioner. Thus, on the ground that there was no application moved by the petitioner within a period of five years and the first SMGate

9wp 8330.2022.odt application was made after sixteen years, the application came to be rejected.

4.

Considering the conduct of the petitioner who has created bogus evidence in support of his case, I do not want to exercise discretion under Articles 226 and 227 of the Constitution of India, 1950. Accordingly, the writ petition is dismissed. No costs.

JUDGE SANDIP MAHADEV GATE Personal Assistant to the Hon'ble Judge SANDIP MAHADEV GATE Date: 2023.04.25 15:08:12 +0530 SMGate