Hindurao Balu Ghadge And ORS v. Nanasaheb Dnyanu Ghadge And ORS

cp-376-16-(917)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 376 OF 2016 Hindurao Balu Ghadge & ors ..Petitioners Vs.

Manasaheb Dnyanu Ghadge & Ors ..Respondents Mr. Chetan Patil for the Petitioners Mrs. M. S. Bane "B" Panel Counsel for the Respondent Nos.2 and 3 CORAM :

R. M. SAVANT, J.

DATE :

3rd FEBRUARY, 2017 P.C.

The cause for filing the above Contempt Petition is inaction of the authorities in the matter of deciding the Review Application filed by the Petitioner though a specific mandate was given by this Court that the review be decided within 3 months which has been recorded in the order dated 1612-2015. Though a period of more than 14 months have elapsed, it is unfortunate that the Review Application has not seen the light of the day necessitating the Petitioner to invoke the contempt jurisdiction of this Court. The Learned AGP Mrs. Bane appearing on behalf of the Respondent is not in a position to give a incredible justification for the review application not being dealt with by the authority. The said conduct of the authority is therefore despicable, the orders passed by this court cannot be permitted to be put in a vacuum or cold storage, they have undoubtedly to be mmj

cp-376-16-(917) implemented. The Learned AGP however states that the review application would be considered and adjudicated upon by the Principal Secretary and Officer on Special Duty Appeals, within a period of 8 weeks from date i.e. on or before 31-3-2017. The said assurance therefore in a way salvages the position in so far as the Respondents are concerned. The concerned Principal Secretary and Officer on Special Duty is therefore in terms of the said statement of Mrs. Bane, would be well advised to hear and decide the Review Application latest by 31-3-2017. A report to be accordingly submitted to this Court.

In view of the aforesaid directions, there is now no warrant to keep the above Contempt Petition pending, the same to accordingly stand disposed of.

[R.M.SAVANT, J] mmj