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Bombay High CourtCP/122/2022disposed off

Devidas Balaso Karpe v. State Of Maharashtra, Thr. Rural And Development Department

2022-03-03Hon'Ble Shri Justice S.J. Kathawalla,Hon'Ble Shri Justice Milind N. Jadhav3 pages

R.M. AMBERKAR (Private Secretary) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION CONTEMPT PETITION NO. 122 OF 2022 IN WRIT PETITION NO. 6824 OF 2021 WITH INTERIM APPLICATION NO. 1219 OF 2022 Devidas Balaso Karpe .. Petitioner

Versus

State of Maharashtra & Ors.

.. Respondents ....................

 Mr. Akshay Kapadia for the Petitioner  Ms. M. P. Thakur, AGP for the State ...................

CORAM

: S.J. KATHAWALLA & MILIND N. JADHAV, JJ.

DATE : MARCH 03, 2022 P.C.

:

.

On 17.11.2021, this Court passed the following order in Writ Petition No. 6824 of 2021.

" 1.

By the above Writ Petition, the Petitioner inter-alia seeks the following reliefs :

"(b) That this Hon'ble Court may kindly issue writ of mandamus or any other writ, order or direction in the nature of writ of mandamus thereby direct the Respondent No.2 Collector to decide the Application No.50 of 2021 within the time bound manner i.e. within one month."

2.

The Respondent No.2 - Collector shall decide the Application filed by the Petitioner being No. 50 of 2021, after hearing the Petitioner and the concerned parties, within a period of four weeks from today. 3.

All contentions of the parties are kept open. 4.

The above Writ Petition is accordingly disposed off."

2.

The above Contempt Petition is taken out by the Petitioner on the ground that the Collector, Pune has breached the order dated 17.11.2021 passed by this Court.

3.

The Collector, Pune has filed an Interim Application No. 1219 of 2022 which is not listed on board today. Upon being mentioned, the same is taken on board. At the outset the Collector, Pune tenders his unconditional apology. Through his Application, the Collector, Pune is seeking extension of time to comply with our order dated 17.11.2021 and states that pursuant to the order passed by this Court, he had conducted hearings on 25.11.2021, 15.12.2021 and 21.12.2021. He further states that the Application No. 50 filed before him was closed for orders on 21.12.2021, however, the period of four weeks granted to decide the said Application expired on 16.12.2021. He further states that due to the administrative work and work occupancies on account of COVID 19, the Application No. 50 could not be decided before 16.12.2021.

4.

We accept the unconditional apology tendered by the Collector, Pune and extend the time to comply with our order dated 17.11.2021 for a period of four weeks from today. The Collector, Pune is put to notice that no further extension shall be granted.

5.

In view of the above, the Contempt Petition as well as Interim Application No. 1219 of 2022 are disposed of. [ MILIND N. JADHAV, J. ] [S.J. KATHAWALLA, J.] by RAVINDRA MOHAN AMBERKAR Date:

2022.03.04 11:22:02 +0530 RAVINDRA MOHAN AMBERKAR