1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.1551 of 2008 [M.S. Udepurkar Vs. Addl. Commr. Amravati & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. S.U. Nemade, Adv., for petitioner. Mr. S.Y. Deopujari, AGP for respondent nos. 1 to 3. Mr. N.D. Khamborkar, Advocate for respondent no.15. ----- CORAM : A.H. JOSHI, J. DATE : 08th April,2008. 1. Heard. 2. The petitioner challenges the Judgment [Annex.F to the petition] of Additional Commissioner, Amravati. 3. Petitioner has agitated the issue of proper service. He has not stepped into witness box, nor filed any affidavit denying that he was served with the notice. He became content with cross-examining the Process Server who had stated in Examination-in-Chief that the notice was given in the hand of the petitioner, he went in the house, signed it and returned the acknowledgment. 2 4. The fact of signing inside the house is being treated by the petitioner as lack of service, as the witness has not himself seen the petitioner signing the acknowledgment. 5. The petitioner has not been able to dismantle the testimony in question that the original notice was tendered to the petitioner. Moreover, the petitioner has failed to deny said service by filing an affidavit or stepping into the witness box. 6. In the circumstances, no interference is called for. Writ Petition is, therefore, dismissed. Judge |Hedau|