Dilip Manglu Borse v. The State Of Maharashtra, Thru. Secretary To The Tribal Welfare Dept. And ANR

cp-228.17 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.228 OF 2017 IN WRIT PETITION NO.9947 OF 2016 Dilip Manglu Borse ... Petitioner Vs.

The State of Maharashtra and Anr.

... Respondents Mr. G.S. Godbole i/by Ms. Shruti Tulpule for the Petitioner. Mr. A.A. Alaspurkar, AGP for the Respondent Nos.1 and 2. CORAM : A.S. OKA & SMT. VIBHA KANKANWADI, JJ.

DATE : 12th JUNE, 2017 P.C.

.

Not on Board. Taken on Board.

The breach alleged is of the following part of the order dated 24th October, 2016 :- "The Scheduled Tribe Caste Certificate Scrutiny Committee, Nashik Division to decide Petitioner's complaint dated 27th January, 2015, copy of which is annexed at Exh.'E' to the petition, as expeditiously as possible and preferably within a period of six months from the date of receipt of copy of this order. Ordered accordingly."

cp-228.17 Thus, the Division Bench observed that the caste claim will have to be decided as expeditiously as possible and preferably within a period of six months from the date on receipt of copy of the said order. Merely because the Caste Scrutiny Committee has failed to decide the caste claim within the stipulated time of six months, a drastic action for contempt of Court under the Contempt of Courts Act, 1971 cannot be initiated. Remedy of the petitioner is to move the Caste Scrutiny Committee and invite attention of the Committee to the order dated 24th October, 2016.

Hence, no case is made out for initiating action under the Contempt of Courts Act. The Petition is disposed of. (SMT. VIBHA KANKANWADI, J) (A.S. OKA, J)