1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4749 OF 2010 Uddhav vs. Municipal Council, Parbhani Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Coram: R.S.Mohite and Shrihari P.Davare, JJ. Date: 24th August 2010 1. Heard Shri P.N. Sonpethkar, learned Advocate for the petitioner. 2. This is a petition by the petitioner who was appointed as clerk in the Municipal Council, Parbhani, in the year 1977. When he was appointed, his date of birth was shown as 3.1.1950. Petitioner was to retire in 2008. The petitioner's case is that in 2007, he realized that a mistake had been committed in respect of recording his date of birth. The Petitioner claims that his actual date of birth is 3.1.1955. 3. It is seen that prior to the retirement, he had filed suit for the same relief as in this petition. That suit was dismissed for non prosecution. In the 2 petition, petitioner relied upon a certificate dated 21.4.1994 purported to have been issued by the Village Development Officer, showing his date of birth to be 3.1.1955. These are the matters involving disputed questions of facts. Certificates of the nature which are produced by the petitioner may not indicate the correct position or may not be genuine. 4. We find that the petitioner has filed this writ petition two years after his suit for the same relief was dismissed and after his retirement from the service. 5. In our view, petition involves disputed questions of fact and therefore this is not a case for interference in writ petition. 6. Petition is, therefore, summarily rejected. (Shrihari P. Davare, J.) (R.S.Mohite, J.) pnd/wp4749.10