Ashok Ramaj Kamdi v. The State Of Maharashtra, Thr. Its Principal Secretary, School Education Department
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION Digitally signed by URMILA PRAMOD INGALE Date:
2021.08.13 18:38:59 +0530 URMILA PRAMOD INGALE CONTEMPT PETITION NO. 153 OF 2021 IN WRIT PETITION NO. 1160 OF 2019 Janhavi Narendra Gaikwad .... Petitioner Vs.
The State of Maharashtra and ors.
..... Respondents WITH CONTEMPT PETITION NO. 154 OF 2021 IN WRIT PETITION NO. 1161 OF 2019 Sunita Vasant Adhikari .... Petitioner Vs.
The State of Maharashtra and ors.
..... Respondents WITH CONTEMPT PETITION NO. 155 OF 2021 IN WRIT PETITION NO. 13634 OF 2018 Ashok Ramaj Kamdi .... Petitioner Vs.
The State of Maharashtra and ors.
..... Respondents WITH CONTEMPT PETITION NO. 156 OF 2021 IN WRIT PETITION NO. 13100 OF 2017 Laxman Ladkya Ahadi .... Petitioner Vs.
The State of Maharashtra and ors.
..... Respondents 1/4
WITH CONTEMPT PETITION NO. 157 OF 2021 IN WRIT PETITION NO. 7735 OF 2018 Sitaram Lahanya Wangad .... Petitioner Vs.
The State of Maharashtra and ors.
..... Respondents WITH CONTEMPT PETITION NO. 158 OF 2021 IN WRIT PETITION NO. 13635 OF 2018 Sadhana Sunil Patil .... Petitioner Vs.
The State of Maharashtra and ors.
..... Respondents WITH CONTEMPT PETITION NO. 159 OF 2021 IN WRIT PETITION NO. 1159 OF 2019 Gangaram Madhukar Nikole .... Petitioner Vs.
The State of Maharashtra and ors.
..... Respondents Ms. Madhavi Ayyappan i/b Talekar & Associates, for the Petitioners.
Mr.A.M. Savagave, for Respondents No. 3 & 4.
Ms.M.S. Bane, AGP for the Respondent - State in CP/153/2021. Mr.P.P. Pujari, AGP for the Respondent - State in CP/154/2021. Mr.P.V.Nelson Rajan, AGP for the Respondent - State in CP/155/2021.
Ms.M.K.Kajale, AGP, 'B' Panel for the Respondent - State in CP/156/2021.
2/4
Mr.S.H. Kankal, AGP for the Respondent - State in CP/157/2021. Mr.A.B. Kadam, AGP for the Respondent - State in CP/158/2021. Ms.M.K. Kajale, AGP B panel for the Respondent - State in CP/159/2021.
CORAM :
M. S.KARNIK, J.
DATE :
13th AUGUST, 2021 P.C. :
Heard learned Counsel for the Petitioner. The order in respect of which the breach is alleged is dated 12/03/2019 passed by this Court. The Contempt Petition was adjourned from time to time at the request of learned Counsel appearing for the Respondents No. 3 & 4 on the ground that Review Petition is pending. It is the obligation of Respondents No. 3 & 4 to comply with the order passed by this Court. Sufce it to observe that the Review Petition St. No. 14179 of 2021 fled for review of the order dated 03/07/2019 in Writ Petition No. 13100 of 2017 which is a part of this group is dismissed. In this view of the matter, now there is absolutely no reason why the order should not be complied with. Even pendency of the Review Petition is no ground for delaying the compliance. In ordinary circumstances, I would have been inclined to take stern view of the matter as the order breached was passed as far back as on 12/03/2019. However, considering that Respondent No.3 fled Review Petition, though after fling of the Contempt Petitions I am inclined to 3/4
grant one last opportunity to comply with the order. Now that even the Review Petition is dismissed, it is expected that Respondent No.3 will take immediate steps to comply with the order. Instead of keeping the Contempt Petitions pending, I am inclined to extend the time for compliance of the order breached by a period of 8 weeks from today.
2.
It is made clear that if the order is not complied with within a period of 8 weeks from today, the same will be viewed seriously and the Petitioner will be at liberty to apply for revival of the Contempt Petition. It would then be not open for the Respondents No.3 & 4 to claim the beneft of this indulgence of extension which is granted today.
3.
Contempt Petitions are disposed of. Respondent No.3 to report compliance of the order. List the Petition on 08/10/2021 under the caption 'for compliance'.
(M.S.KARNIK, J.) 4/4