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. Prasad B Vaidya mo:- 8857993253
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Wednesday, March 7, 2012
[HumJanenge] Re: need help
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