Om Dhanshree Mahila Mandal And ORS. v. The Commissioner And ORS.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4558 OF 2015 Shalaka Mahila Mandal and Ors.
... Petitioners Vs.
Commissioner, Integrated Child Development Scheme and Ors.
... Respondents ------------------ Ms. Gayatri Singh, Senior Advocate for the Petitioners. Mr. Rohit Deo, Associate Advocate General a/w Mr. A.B. Vagyani, Government Pleader and Mr. V.B. Thadhani, AGP for the Respondent Nos.1, 4 to 6.
Ms. S.I. Shah a/w Mr. Upendra Lokegaonkar for the Respondent No.7. WITH WRIT PETITION NO.1608 OF 2016 Om Dhanshree Mahila Mandal & Ors.
... Petitioners
Versus
The Commissioner, Integrated Child Development Scheme & Ors.
... Respondents ------------------ Mr. Mihir Desai, Senior Advocate i/by Mr. Vinamra Kopariha for the Petitioners.
Mr. Rohit Deo, Associate Advocate General a/w Mr. A.B. Vagyani, Government Pleader and Mr. V.B. Thadhani, AGP for the Respondent Nos.1 to 6.
WITH WRIT PETITION NO.1956 OF 2016 Shri Ganesh Mahila Bachat Gat and Ors.
... Petitioners Vs.
The Commissioner, Integrated Child Development Scheme and Ors.
... Respondents
---------------------- Mr. A.Y. Sakhare, Senior Advocate i/by Mr. Joel John Carlos for the Petitioners.
Mr. Rohit Deo, Associate Advocate General a/w Mr. A.B. Vagyani, Government Pleader and Mr. V.B. Thadhani, AGP for the Respondent Nos.1 to 8.
WITH WRIT PETITION NO.2361 OF 2016 Tuljai Mahila Bachat Gat & Ors.
... Petitioners
Versus
The Commissioner, Integrated Child Development Scheme and Ors.
... Respondents ------------------------- Mr. Pradeep J. Thorat for the Petitioners.
Mr. Rohit Deo, Associate Advocate General a/w Mr. A.B. Vagyani, Government Pleader and Mr. V.B. Thadhani, AGP for the Respondent Nos.1 to 4.
Mr. Sandesh D. Patil i/by Mr. Arun Kumar Roy for the Respondent No.5. CORAM : A.S. OKA & C.V. BHADANG, JJ.
DATE : 2nd MARCH, 2016 P.C.
The learned Associate Advocate General on instructions states that it will be open for the Petitioners to file additional documents and/or additional reply within a period of 10 days from today. He states that the Petitioners will be given an opportunity of personal hearing and thereafter, appropriate order will be passed. He states that hearing will be given on the basis of deficiencies pointed out in the notice dated 31st December, 2015.
The learned counsel appearing for the Petitioners states that time of two weeks may be granted to produce additional documents/additional reply. Their further submission is that instead of the Commissioner, it will be appropriate if the Principal Secretary of the Women and Child Development Department hears the Petitioners. They submit that in the meanwhile, supply orders should not be withheld. Lastly, it is submitted that all issues which are raised in the Petitions may be kept open.
As the State Government has shown willingness to hear the Petitioners, we need not keep the Petitions pending and the same are disposed of by passing the following order :-
ORDER
(i) It will be open for the Petitioners to file additional documents and/or additional reply with the Commissioner within a period of two weeks from today;
(ii) We direct that hearing shall be given to the Petitioners by the Principal Secretary of the Women and Child Development Department. The Petitioners are directed to appear before the Principal Secretary of the Women and Child Development Department in his office at Mumbai on 22nd March, 2016 at 2.30 pm;
(iii) We make it clear that the supply orders to the Petitioners shall not be withheld only on the ground that notices dated 31st December, 2015 have been issued by the State Government;
(iv) After hearing the Petitioners, appropriate order shall be passed by the Principal Secretary of the Women and Child Development Department as expeditiously as possible. The orders be served upon the Petitioners; (v) If the orders be adverse to the Petitioners, effect shall not be given to the said orders for a period of 10 days from the date on which the orders are communicated to the Petitioners;
(vi) We make it clear that it will be open for the Petitioners to raise all contentions which are raised in the Petitions before the Principal Secretary;
(vii) All contentions of the parties on merits are kept open; (viii) Petitions are disposed of on above terms.
(C.V. BHADANG, J ) (A.S. OKA, J )