1912caz857.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION (CAZ) NO. 857 OF 2011 IN L.P.A. ST. NO. 16932/2001 IN WRIT PETITION NO. 3397 PF 2011 (D) (Vilas Yadav Hambre Vs. Additional Commissioner, Amravati & others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Shri P. S. Patil, Counsel for the applicant. A.G.P. for respondent No. 1. CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : DECEMBER 19, 2011. Heard Shri Patil, learned Counsel for the applicant. The prayer is to condone delay of 33 days in filing the Letters Patent Appeal. The Additional Collector, the Commissioner as also the learned Single Bench have concurrently held that the appellant/petitioner is disqualified as third child is born to him after the cut-off date. Hence, with the assistance of learned A.G.P. for respondent No.1, we have attempted to find whether there is merit in the L.P.A. Before this Court, only reliance is placed 1912caz857.11.odt 2/2 upon certificate dated 28/10/2010 issued by the Medical Officer, Primary Health Centre, Kaotha stating that wife of the petitioner had undergone family planning operation on 18/11/2000. However, specific date on which third child is born in the family is not brought on record by appellant. The birth of third child in the family is not in dispute. In this situation, we are not in position to interfere in the concurrent findings. As we do not find any merit in the appeal as filed, we are not inclined to issue notice to other respondents on condonation of delay. Civil Application (CAZ) No. 857/2011 is accordingly rejected. JUDGE JUDGE WWL