Anil Hari Bondalwad v. Pandurang Shankarrao Borgaonkar

2025:BHC-AUG:4614-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

935 CONTEMPT PETITION NO. 17 OF 2022 IN WP/10416/2018 Anil Hari Bondalwad ....Petitioner

Versus

Pandurang Shankarrao Borgaonkar .....Respondent .....

Shri. Sunil M. Vibhute, Advocate for the Petitioner Shri. S. J. Salgare, AGP for the Respondent / State. .....

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

Dated : FEBRUARY 14, 2025 PER COURT :- .

This Contempt Petition is filed for non-compliance of the order dated 14.09.2018 passed in Writ Petition No.10392 of 2018 with connected petitions by which it was directed to issue corrected Tribe Certificate to the Petitioner within the stipulated time. 2.

It is the contention of the Petitioner that, he has not received the original Tribe Certificate. On the other hand, it is the contention of the Respondent that they have handed over the original Tribe Certificate to the Petitioner.

3.

Learned Advocate for the Petitioner submits that the Petitioner is also present in the Court. He submits that this is aggravated form of the Contempt and Respondent sole Officer be dealt with under the Contempt of Courts Act.

4.

It is submitted by learned AGP appearing for the sole Respondent that Law Officer from the Office of Collector, Nanded is present with the

original Register and papers relating to the Tribe Certificate of the Petitioner.

5.

On going through the papers, it is seen that there is a communication by the Collector Office, Nanded to the Divisional Commissioner, Aurangabad dated 15.01.2020 categorically stating that Tribe Certificate has been delivered to the Petitioner on 16.02.2019. Detailed Affidavit is filed by the answering Respondent sole. On perusal of the same it shows that the Deputy Divisional Commissioner (Revenue), Aurangabad Division directed the Collector, Nanded to conduct enquiry in respect of the issue raised by the Petitioner in his complaint. There is reference in the Affidavit of the said communication dated 16.02.2019. Learned Advocate for the Petitioner, on instructions, submits that if the original office copy of the Tribe Certificate available on record is handed over to the Petitioner, it would serve his purpose. The learned AGP, on instructions, submits that the same can be done by keeping the xerox copy of the same on record. 6.

In view of the above, we dispose of the Contempt Petition. ( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 18/02/2025 10:18:48