1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 2656 OF 2008 (Sayyed Mubin Ahmed Syed Musaf .v. ZP and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : D.D. SINHA AND PRASANNA B. VARALE, JJ. 26TH SEPTEMBER, 2008 Heard Shri Nitin Vyawahare, the learned Counsel for the petitioner and Shri Sable, the learned Counsel for the respondents. The dispute in the present petition pertains to the date of birth of the petitioner. The petitioner claims that his date of birth is 01.04.1952, however, the respondent/Zilla Parishad is treating the date of birth of the petitioner as 01.04.1950. The learned Counsel for the petitioner has submitted that the respondent/Zilla Parishad has filed a reply and in para No.9, it has observed thus :- “It is submitted that during the enquiry the respondent has got the new proofs in respect of the date of birth of the petitioner as the new date of birth of the petitioner is found by the respondent as 1.4.1948 in the concern certificate and in the another documents it is 2 shown as 1.4.1950, whereas the petitioner has claimed his date of birth is 1.4.1952, therefore there is a dispute in the date of birth of the petitioner and that dispute can be scrutinized by making fresh enquiry and if this Hon'ble Court deems fit that the respondent shall make a fresh enquiry in the instant matter by giving an opportunity to the petitioner to submit his representation before the respondent no.1. The respondent no.1 is ready to hold the fresh enquiry in the impugned matter as per rules provided thereunder. However the petition has does not deserve any merit and liable to be dismissed with cost.” It is, therefore, submitted that the appropriate direction in this regard be given to Zilla Parishad. The learned Counsel for Zilla Parishad does not dispute that during the course of time they came across some documentary evidence regarding the date of birth of the petitioner and, therefore, they are ready and willing to consider the issue in question if the Court permits them to do so. In the circumstances, we dispose of the petition and it is open for the respondent/Zilla Parishad to reconsider the aspect of the date of birth of the 3 petitioner afresh in view of the statement made by them in para 9 of their reply. JUDGE JUDGE *rrg.