1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No. 164 of 2011 [State of Mah. & another Vs. Shridhar Khanduji Salunke] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. N.W. Sambre, Govt. Pleader with Mr. D.M. Kale, AGP for petitioners. Mr. A.Z. Jibhkate, Adv., for respondent. ---- CORAM : B.P. DHARMADHIKARI AND A.P. BHANGALE, JJ. DATE : 23rd September, 2011. Heard learned Govt. Pleader with learned AGP Mr. Kale for the petitioners and learned Adv. Mr. A.Z. Jibhkate for the respondent. Mr. Kale has tendered on record a communication dated 20th August, 2011 along with a Certificate issued by Village Development Officer dated 16th August, 2011, which shows that the respondent does not have any elder or younger brother. The said communication dated 20th August, 2011 along with the Certificate of Village Development Officer is taken on record and marked as X [two pages] for identification. 2 This Court has on 13th July, 2011, after hearing respective counsel, passed following order:- Heard Shri N.W. Sambre, learned Govt. Pleader for the petitioners/State and Shri A.Z. Jibhkate, learned counsel for the respondent. Only relevant question is, whether the respondent had any younger brother, who was born on 28.12.1994. The petitioners have not made any comment in this respect. The respondent sought correction of his date of birth in 1997 and he produced the copy of birth certificate in which the name of son born was Ramkrushna and the petitioners claimed that he is Ramkrushna. Before the Maharashtra Administrative Tribunal again there is specific assertion that Shridhar and Ramkrushna is one and the same person. It is pointed out that his parents had three daughters and only one son. The school leaving certificate discloses 1.6.1953 as respondent s date of birth and he also demonstrated that in birth and death register, there was no entry for entire year 1953 showing any birth in his family. Learned Govt. pleader is seeking time to find out whether the respondent had any other brother. In the interest of justice and looking to the nature of controversy, we grant time of six weeks to the petitioners/State to file appropriate affidavit in this respect. Place the matter after six weeks. It is, therefore, apparent that consideration of controversy by Maharashtra 3 Administrative Tribunal cannot be faulted with. Writ Petition is accordingly dismissed. No costs. Judge Judge |Hedau|