Thursday, March 8, 2012

[HumJanenge] reply help request which i have posted earlier

I am petitioner in W.P. 4518 of 1999 filled before Bombay High Court
and admitted by the Division Bench on 07/09/1999. The matter was
listed before Division Bench on April 16/04/2003 when my lawyer Mr.
Mihir sent his junior and his junior without giving any intimation
argued that subject matter of this petition pertains to the
jurisdiction of single the court passed order "Advocate for petitioner
argued that subject matter of this petition pertains to the
jurisdiction of single Judge. Office to check and proceed accordingly"
court has no where clearly written that subject matter of petition
pertains to jurisdiction of single. However petition was listed before
Single Bench in 2006.
I have filled atleast 6 to 7 application under RTI Act to know
authority by whose order my petition is transferred to single bench
and copy of order . I have received a reply from Assistant Registrar
in response to my application under Bombay High Court Appellate side
Rules in which I was asked to provide exact date of order. The orders
are passed by the office of high court and these orders are not passed
open court and also passed without hearing and therefore how can I
provide exact dates?
The court has declied to provide information to me.
My petition was listed before single Bench on February 07,2008 and
court passed one line "Petition be clubbed with Writ Petition No. 6550
of 2006" The petition to which my petition clubbed was referred to
larger and I came to know only when I got letter from Deputy Registrar
of High court and he has not informed as why W.P. 6550 of 2006 was
referred to larger Bench I was compelled to appear before Full Bench
without the issues on I have to argue. The most important fact is that
petition was listed before Full Bench on April 30, 2008 and only W.P.
6550 of 2006 was pronounced for hearing my petition was not called for
hearing. I told shirastedar of court this fact he declined to
pronounce my petition and even he has not accepted written notes of
arguments . The court passed order which is follows
"P.C. :-
1. Learned Advocate General appearing for the respondent places on
record the copy of the L.C. Bill No. - of 2008 wherein both the Houses
of Assembly have resolved to amend Section 2 of the Maharashtra High
Court (Hearing of Writ Petitions by Division Bench and Abolition of
Letters Patent Appeals) Act, 1986. It is proposed in that Bill to
delete the words "and with the previous approval of the State
Government" with effect from 1st July, 1987. This Bill awaits only the
assent of the President of India.
2. In this view of the matter, nothing survives in the Reference.
Reference is returned.
3. The matter may be placed before the appropriate Bench for disposal
in accordance with law. CHIEF JUSTICE
S.J. VAZIFDAR, J.
V.M. KANADE, J."
I was shocked when I found my name in the order when the court has not
given opportunity of hearing to me but shown that I was present and
argued this not less fabricated documents
The other fact is that court cannot legislate the law and therefore
the amendments were waiting for ascent of President of India and
therefore they were not enforced on the date of decision of reference.
The court must reply the term of reference set by the authority which
has forwarded reference it appears that court has answered the
reference.
Out of 3 petitions W.P. 3115 of 1998 was transferred to Division Bench
but my petition is transferred to single Bench without giving any
reason.
Please guide me and help me because in this matter since it is not
possible for me to file slpc due to financial problems.
Following are the contentions
1) Whether Court can equate those matters which admitted and rule has
set by High court to those which are pending in pre admission
condition.
2)Whether office is competent to decide which is appropriate forum
3) Whether court can pass order without quoting reasons. In my
petition court did not pass reasoned order as why my petition was
clubbed to other petition
4)Whether court can compel party to argue on issues which are not
known to him
5)Whether court impose its decision without giving him opportunity of
hearing? Please refer supreme court judgment in A.R. Antulay Vs R.S.
Nayak seven judges bench decision
6) Whether court is bound to answer term of reference set by the bench
which has referred it.
7) Whether court enforce law which is waitng for ascent of President
of India
8) Whether petitioner has right to know orders , judgments passed by
High Court under RTI Act and inspect file related to his own petition
9) If the decision is taken by office without conducting hearing what
is the type of the decision is it judicial, quasi judicial,
administrative decision? If the decision is either quasi judicial or
administrative whether court is bound to provide reasons of decision
of transfer of petition to single bench under section 4(1)(d)
10) Whether Service conditions under Article 311 are applicable to
University staff? If the answer is affirmative which is appropriate
forum for redressal of grievances for them? if the answer is
University and college Tribunal can I say that University and college
Tribunal can equated with that of University and College Tribunal as
established under Article 323A?
11)Whether court can discriminate between two cases which are filled
under same law and against the order of same authority in my case my
petition and w.p. 3115 of 1998 referred to Full Bench and wp
3115of1998 was transferred to division bench
Prasad B Vaidya mo:- 8857993253

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.