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Bombay High CourtCP/35/2020disposed offdismissed for default

Santosh Popat Survase v. The State Of Maharashtra And Others

2020-01-08Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Anil S. Kilor2 pages

916cp35-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 CONT. PETITION NO.35 OF 2020 IN WP/2030/2018 SANTOSH POPAT SURVASE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr Ghute Patil Kishor J. And P R Kadam AGP for Respondents State: Mr K N Lokhande

CORAM

: PRASANNA B. VARALE & ANIL S. KILOR, JJ.

DATE :

8th January, 2020 ORDER:

1.

Heard Mr Ghute Patil, learned counsel appearing for the petitioner.

2.

Grievance of the petitioner is non compliance of the order of this Court dated 06.08.2019 insptie of representations submitted to the authority. By order dated 06.08.2019, the Division Bench of this Court directed the respondents to consider the claim of the petitioner for appointment on verification of the documents within stipulated period of two months.

3.

Perusal of the representations placed on record show that though the petitioner refers to the order of this Court dated 06.08.2019, he concludes his representation with a request to issue appointment order in favour of the petitioner. Mr. Ghute Patil, the learned counsel appearing for the petitioner was fair enough to submit that this concluding para of the representation is clearly an error and

916cp35-20 mistake of the petitioner and this Court had not directed the authorities to issue appointment order and only directed to consider the claim of the petitioner with regard to the appointment of the petitioenr on verification of the documents.

4.

True it is that representations are not haply worded, the fact remains of non decision on the claim of the petitioner. Considering this very fact, we deem it appropriate to dispose of the contempt petition with directions to respondent Nos. 4 and 5 to decide the claim of the petitioner on verification of the documents, needless to state, on merits as well as on the backdrop of the observations of the Division Bench in the order dated 06.08.2019, within four weeks from today, without fail. 5.

Contempt petition is accordingly disposed of. 6.

Authenticated copy to the learned counsel for the petitioner. The petitioner to submit the authenticated copy of the order to respondent Nos. 4 and 5.

(ANIL S. KILOR, J.) (PRASANNA B. VARALE, J.) JPC