Shri Bapu Sambhaji Lavate v. Shri Sitaram Maharaj, The Information Officer And Headmaster And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLTE JURISDICTION CONTEMPT PETITION NO.200 OF 2014 Bapu Sambhaji Lavate.

..Petitioner.

vs.

The Information Officer and anr.

..Respondents.

Mr. I.M. Khairdi for the Petitioner.

Mr. C.P. Yadav, AGP. for the State.

CORAM : R.M. BORDE AND A.S. GADKARI, JJ.

DATE : 27th February, 2017 PC:

1.

The petitioner is praying for taking action against respondent No.2 for willful disobedience of the order dated 13.11.2013 in W.P. No. 7855 of 2013, W.P. No.7856 of 2013 and W.P. No.7859 of 2013. This Court while deciding the aforesaid writ petitions has passed the following order. (I) We direct the petitioner to appear before the first Appellate Authority on 22 nd November 2013.The petitioner shall produce an authenticated copy of this judgment and order before the second respondent (first Appellate Authority) (II) If the second respondent has already

2/3 passed an order, a copy of the order be forthwith supplied to the petitioner.

(III) If the second respondent has not passed any order, after giving an opportunity of being heard to all concerned, the second respondent shall proceed to decide the appeals, as expeditiously as possible, and in any event, within a period of thirty days from nd November 2013.

(IV) All contention on merits are kept open.

(V) The Petitions are disposed of on above terms.

3.

An affidavit in reply has been presented by the Deputy Education Officer, Solapur wherein it has been stated that, on receiving the first appeal dated 17.10.2012 filed by the petitioner and after giving hearing necessary order was passed by the Education Officer, Zilla Parishad, Solapur which was duly received by the petitioner on 22.11.2012. The petitioner has filed a fresh application on 13.3.2015 seeking certain information. It is stated further in Para 9 that the petitioner was directed to collect the information however, he refused to collect the same. It is for the petitioner to approach the concerned officer and to collect the necessary information. Looking to the tenor of the affidavit, we do not find it necessary

3/3 to take action against the respondent. If, at all, the petitioner is interested in receiving the necessary information, he may approach the Education Officer and collect the information. The contempt petition is accordingly dismissed.

4.

Notice already issued stands discharged.

(A.S.GADKARI, J.) (R.M. BORDE, J.)