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Bombay High CourtCP/475/2014dismissed

Shri Dilip Prabhakar Aloni v. Shri Vinit Agarwal, Secretary

2015-07-06Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice P.V. Hardas2 pages

CP 475.14.sxw JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CONTEMPT PETITION NO. 475 OF 2014 Dilip Aloni.

... Petitioner.

V/s.

Vinit Agarwal and Ors.

... Respondents.

Mr. Sanjiv G. Punalekar for the Petitioner.

Mr. A.I. Patil, AGP for the State.

CORAM : P.V. HARDAS & A.S. GADKARI, JJ.

JULY 6, 2015.

P.C. :- This Contempt Petition has been filed by the Petitioner, who was Petitioner in Criminal PIL St. No. 52 of 2012. The Division Bench of this Court by its order dated 26.2.103, while disposing of the Public Interest Litigation directed the appropriate authority to take decision on the representation submitted by the Petitioner. This Court had directed the appropriate authority to decide the representation as expeditiously as was possible and within six weeks from the date of the order and to communicate the decision thereon to the parties to the representation. 2.

Since the representation submitted by the Petitioner was not decided within the period stipulated by this

CP 475.14.sxw Court, the present Contempt Petition has been filed. Pursuant to the notice issued by this Court, an affidavit has been filed by Shri Sunil Namdeo Rankhambe, Joint Secretary to the Government of Maharashtra, General Administration Department, Mantralaya, Mumbai. In the affidavit-in-reply, an apology is tendered for the delay which is occasioned in the decision of the representation. The delay has been explained and it is stated in the affidavit that ultimately the representation filed by the Petitioner was decided on 1st July 2015 and was communicated on 3rd July 2015.

3.

In the light of the substantial compliance of the order of this Court, we do not find this to be a fit case for proceeding further under the Contempt of Courts Act. Accordingly, the notice issued to the Respondent stands discharged. Contempt Petition is accordingly dismissed with no orders as to cost.

(A.S. GADKARI, J.) (P.V. HARDAS, J.)