Satyajit Mahadev Chavan v. The State Of Maharashtra,Thr. The Principal Secretary Revenue And Forests Department And ORS.
Dixit
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CONTEMPT PETITION (STAMP) NO.31525 OF 2018 IN WRIT PETITION NO.5947 OF 2013 Satyajit Mahadev Chavan ...
Petitioner Vs.
The State of Maharashtra, Through the Principal Secretary, Revenue & Forest Department & Ors.
...
Respondents Mr. Vikram Walawalkar, I/by Mr. Gajnan D. Shinde, for the Petitioner.
Mr. Y.S. Kachare, A.G.P., with Mr. Mangesh Joshi and Mr. Chandrakant Bobade, for Respondent No.1-State. Mr. Appasing Ramsing Rajput, Under Secretary, School Education and Sports Department, Mantralaya, Mumbai, is present in the Court.
CORAM : K.K. TATED & N.J. JAMADAR, J.J.
DATE : 21 ST DECEMBER, 2018.
P.C. :
1.
Heard learned counsel for the parties.
2.
The Petitioner has preferred this Contempt Petition, alleging disobedience of the order passed by this Court, [Coram : R.M. Borde & V.M. Deshpande, J.J.], in Writ Petition No.5947 of 2013 on 25th July 2018.
3.
The learned A.G.P. for the Respondent-State has submitted
that, in pursuance of the said order passed by this Court, a letter has been issued to the Petitioner on 18th December 2018, calling upon the Petitioner to furnish original documents for the purpose of verification, as ordered by this Court. It is further submitted that, there was a delay on the part of the Respondent in compliance with the said order passed by this Court, as the matter of challenging the said order in question was under consideration.
4.
Today, Mr. A.R. Rajput, Under Secretary of the School Education and Sports Department, Mantralaya, Mumbai is present before the Court. On instructions from the concerned Officer, the learned A.G.P. submits that, the 'Directorate' will issue 'Verification Report' within seven days from the date of receipt of the documents sought from the Petitioner, as per the letter dated 18th December 2018. The learned A.G.P. has tendered a communication addressed by the School Education and Sports Department of the State of Maharashtra, under the signature of Mr. A.R. Rajput, the Under Secretary of the said Department. The said letter dated 21st December 2018 is taken on record and marked as "X" for identification.
5.
The statement made by the learned A.G.P. appearing on behalf of the Respondent-State, that the 'Directorate' will issue 'Verification Report' within seven days from the date of receipt of the documents from the Petitioner, is accepted. 6.
At this stage, learned counsel for the Petitioner submitted that, the Petitioner would not be in a position to produce the
documents mentioned at clauses (B), (D) and (E) of paragraph No.5 of the letter dated 18th December 2018, due to the passage of time and non-availability of the concerned office bearers. 7.
The learned A.G.P., upon instructions from the concerned Officer, who is present in the Court, submits that, the Petitioner shall produce the documents mentioned at clauses (A) and (C) in original, i.e. Original Sports Certificate and Notorized Affidavit in the prescribed form. The Petitioner can submit the photocopies of the documents mentioned at clauses (B), (D) and (E). Upon production of the photocopies of the documents at clauses (B), (D) and (E) or any other record in respect thereof, the Respondent-State will issue the 'Verification Certificate'. 8.
This statement made on behalf of the Respondent-State, upon instructions of the concerned Officer, who is present in the Court, is accepted.
9.
In view of the aforesaid statement and further developments, the learned counsel for the Petitioner states that this Contempt Petition may be disposed off.
10.
Thus, the Contempt Petition stands dismissed. 11.
In the circumstances, there shall be no order as to costs. [N.J. JAMADAR, J.] [K.K. TATED, J.]