Vipashyana Mahila Bachat Gat Through Chairman, Mrs Nirmala Atmaram Ghadge v. The Commissioner, Integrated Child Development Scheme And ORS.

Chittewan P.16. WP 1414-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1414 OF 2016 Vipashyana Mahila Bachat Gat .. Petitioner V e r s u s The Commissioner Integrated Child Development Scheme And Others .. Respondents.

Mr. R.S. Apte, Senior Advocate i/b Mr. Ashutosh R. Gole for the Petitioner. Mr. A.I. Patel, AGP for Respondent No.1 and 3. CORAM : A.S. OKA & C.V. BHADANG, JJ.

DATE : 3 FEBRUARY 2016.

P.C. :

Not on board. Taken on board.

Heard the learned Senior Counsel appearing on behalf of the Petitioner and the learned AGP appearing for 1st and 3rd Respondents. A copy of the report which is referred in the impugned communication/order dated 20 January 2016 has been today furnished to the learned Senior Counsel appearing for the Petitioner. The learned AGP states on instructions that the impugned communication/order dated 20 January 2016 is recalled and a fresh order will be passed after giving an opportunity of hearing to the Petitioner.

In view of the aforesaid statements, we dispose the petition by 1/2

Chittewan P.16. WP 1414-16.doc passing the following order.

: O R D E R :

{a} The impugned communication/order dated 20 January 2016 is already withdrawn and therefore, the challenge to the same does not survive;

{b} If the copies of the documents referred in the impugned communication/order have not been furnished to the Petitioner, the same shall be furnished within a period of one week from today; {c} It will be open for the Petitioner to file additional reply to the show cause notice on the date fixed for appearance; {d} We direct the representative of the Petitioner to appear before the 1st Respondent on 22 February 2016 at 11.00 a.m.; {e} We direct the 1st Respondent to pass an appropriate order on the show cause notice dated 31 December 2015 after giving an opportunity of being heard to the Petitioner after considering the reply and additional reply of the Petitioner;

{f} An appropriate order shall be passed within a period of one month from the date fixed for appearance;

{g} All contentions on merits are kept open;

{h} Petition is disposed of.

(C.V. BHADANG. J.) (A.K. OKA, J.) 2/2