1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9889 OF 2009 Shri Sayyad Roshan Ali Abdul Rehman ... Petitioner Vs. The State of Maharashtra & Ors. ... Respondents Mr. M.S.Karnik, Advocate, for the petitioner. Mr. V.S.Masurkar, Govt. Pleader, for the respondents. CORAM: F.I.REBELLO AND J.H.BHATIA, JJ. DATE : 1st December, 2009. P.C. 1. Rule. Heard forthwith. 2. The petitioner has approached this Court against the order dated 31.8.2009 whereby the application for condonation of delay filed by the petitioner in his Original Application before the learned Tribunal was dismissed as barred by limitation. The learned Tribunal proceeded on the footing that by a communication dated 31.3.1989, the petitioner’s application for correction of date of birth made vide his application dated February 3, 1986 has been rejected. 2 3. We have heard the learned Counsel for the parties. Perused the communication dated 31.3.1989. That communication in fact only calls for further information. It is not a communication rejecting the application for change in his date of birth. 4. Considering the above, the impugned order dated 31.8.2009 is set aside and the matter is restored to file. The Tribunal to decide the matter afresh according to law. 5. With the above observations, the petition is disposed of. Rule is made absolute accordingly. (J.H.BHATIA,J.) (F.I.REBELLO,J.)