Nilima Rohidas Garud And ORS v. State Of Maharashtra Thr. Secretary Tribal Development Dept. And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

KANCHAN VINOD MAYEKAR KANCHAN VINOD MAYEKAR Date: 2022.05.05 15:25:15 +0530 CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3018 OF 2022 IN WRIT PETITION (ST) NO. 9579 OF 2022 Nilima Rohidas Garud & Ors.

..... Petitioners

VERSUS

State of Maharashtra & Anr.

..... Respondents Dr.Uday P.Warunjikar, i/b. Mr.Vivek V.Salunke, for the Petitioners. Mr.V.M.Mali, A.G.P. for the State.

CORAM : A.S.CHANDURKAR & G.A.SANAP, JJ.

DATE : 4TH MAY, 2022.

P.C:- By the order dated 26th April, 2022 Writ Petition (St) No.9579 of 2022 was decided. After referring to the show cause notice dated 11th August, 2021, this Court had granted time of two weeks from the date of the order to submit reply to the said show cause notice. It is pointed out that the said show cause notice is dated 11th June, 2021 and not 11th August, 2021 as referred to the order. It is further submitted that besides the aforesaid show cause notice, the petitioners were also

2/3 issued show cause notices on 9th July, 2021 and 23rd December, 2021 as reflected in the prayer clause.

2.

In view of this factual aspect, the 2nd line on page (2) of the order dated 26th April, 2022 as well as 5th line in paragraph (4) of that order is corrected by replacing the date '11/8/2021' with the dates '11/6/2021, 9/7/2021 and 23/12/2021'. The said order be corrected accordingly. 3.

Another prayer made by the petitioners is for further extension of time to respond the said show cause notices. It is submitted that besides the said show cause notices, the petitioners have been issued two more show cause notices dated 5th April, 2022 and 13th April, 2022. These notices could not be annexed to the writ petition. On these grounds, it is submitted that the time to reply to the aforesaid show cause notices as granted be extended.

4.

It is seen that when the writ petition was filed, the aforesaid two notices were already issued to the petitioners and received by them. When the writ petition was decided on 26th April, 2022, the said two show cause notices were not referred to. Further we find that the

3/3 Hon'ble Supreme Court by its order dated 10th December, 2021 had directed the proceedings to be decided by the Scrutiny Committee within a period of three months. That period was extended by further six weeks on 25th February, 2022. In the light of the fact that the Scrutiny Committee has been proceeding on the basis of time granted by the Hon'ble Supreme Court which fact has been noted by us in the order dated 26th April, 2022, we do not deem it appropriate to further extend the time as prayed for. That request is therefore rejected. 6.

Application is disposed of.

[G.A.SANAP, J.] [A.S.CHANDURKAR, J.]