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2009 Supreme(Bom) 357

D.G.KARNIK, S.B.MHASE
VINAYAK HARI KULKARNI and otherss – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates appeared:
For petitioner No.1:A. V. Anturkar instructed by S. B. Deshmukh For petitioner No.2:S. P. Thorat, Senior Counsel instructed by Patki For petitioner No.3:S. K. Shinde For respondent No.4: Girish Kulkarni along with M M Deshmukh instructed by Satish Kekane
For applicant (in Civil Appln. No. 2677 of 2007) : A. A. Garge
For respondent Nos. 1 and 2:A. A. Kumbhakoni, Associate Advocate General (as he then was) with R. D. Rane, Government Pleader

JUDGMENT

S. B. MHASE, J. :- The petitioner in Writ Petition No. 6597 of 2007 has filed the Writ Petition in respect of various proceedings initiated under the Bombay Inferior Village Watan Abolition Act. Most of the annexures, including the impugned order in the said matters, are in Marathi. The petitioner prepared the Writ Petition and went for the purpose of filing the Writ Petition. However, the petitioner was told by the Registry that unless all annexures or, in any case, the impugned order was translated from Marathi to English, the Petition would not be entertained.

2. According to the petitioner, the non-acceptance of the Petition because, the annexures are not translated into English was an act contrary to the provisions of the Constitution of India. The Registry brought to the notice of the petitioner the judgment and order passed in Writ Petition No. 6408 of 2006 delivered by the High Court (Rebello and Sawant, n.) wherein it has been declared that the, proviso 19 Rule 2(i) of Chapter XVII of the Bombay High Court Appellate Side Rules, 1960 is ultravires Article 348(1)(a) of the Constitution of India. In the said judgment, the Court directed in paragraph 14 of the said jud























































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