Vilas Dinkar Bhat v. The State Of Maharashtra, Thr. Secretary Tribal Development Department

Shubhada S Kadam 57 cp 293.2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.293 OF 2021 IN WRIT PETITION NO.19 OF 2021 Vilas Dinkar Bhat ....Petitioner

Versus

The State of Maharashtra and ors.

....Respondents Mr. Sharad T. Bhosale, advocate for the petitioner. Ms. M. S. Bane, AGP for the State.

CORAM : PRASANNA B. VARALE & S. M. MODAK, JJ.

DATE : 1st DECEMBER, 2021.

P.C. :

1.

Heard learned counsel for the petitioner.

2.

Though the petition is filed as contempt petition with a grievance of breach of the order this Court, Mr. Bhosale, learned counsel for the petitioner submitted that he is not pressing the prayers in the backdrop of the contentions relating to an act of contempt but the petitioner is pressing prayer clause (c) though the same is an interim prayer. The petitioner press into service this prayer clause as a final prayer. Our attention was invited to various orders passed by this Court to submit that the petitioner was required to approach this Court time and again challenging the decision of the Scrutiny Committee and lastly in writ petition stamp No.92627 of 2020, Division Bench of this Court, while setting-aside the order passed by the Scrutiny Committee, Pune Division, Digitally signed by SHUBHADA SHANKAR KADAM Date:

2021.12.04 12:14:13 +0530 1/2 SHUBHADA SHANKAR KADAM

Shubhada S Kadam 57 cp 293.2021.doc remanded the matter back to Scrutiny Committee, Pune. The petitioner was permitted to produce additional documents or oral evidence in support of his claim and the Scrutiny Committee was directed to decide the claim of the petitioner within a stipulated period of six months from the date of order. Learned council for the petitioner submitted that though stipulated period was 6 months, till date, the claim of the petitioner is not decided on one count or the other. Learned counsel for the petitioner submitted that the Scrutiny Committee had complied with all the necessary formalities such as obtaining the vigilance cell report, hearing parties and the matter was closed for decision/order. Thus, learned counsel for the petitioner, submits that the Scrutiny Committee be directed to take ultimate decision in compliance with the order of this Court within a stipulated period.

3.

In view of the submissions of learned counsel and in view of the order of the Division Bench dated 22nd October, 2020 passed in writ petition stamp No.92627 of 2020, respondent No.2-Scrutiny Committee, Pune, is directed to decide the claim, if not decided till date, as expeditiously as possible and not later than six weeks from today. With these directions, the contempt petition is disposed of. ( S. M. MODAK, J.) (PRASANNA B. VARALE, J.) 2/2