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Bombay High CourtCP/80/2019disposed offdismissed for default

Karmvir Pratishthan Ram Nagar Jalna Thr Its President And Another v. Dinesh Waghmare And Others

2019-11-08Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Anil S. Kilor3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 80 OF 2019 IN WRIT PETITION NO.7112 OF 2014 1.

Karmvir Pratisthan, Ram Nagar, Jalna Through its President Sanjay s/o Nilkantrao Lakhe, Age: 52 years, Occ: Social Work, R/o. Ram Nagar, Jalna, Tq. & Dist. Jalna 2.

Shankarrao Chavan Social Science, and Research Jalna, Through its Principal ..PETITIONERS

VERSUS

1.

Shri Dinesh Waghmare, Age: Major, Occ: Service as a Secretary of Social Justice and Special Assistance Department, Mantralaya, Mumbai 2.

Shri Milind Shambharkar, Age: Major, Occ: Service, as a Commissioner, Social Welfare, Maharashtra State, Church Road, Pune 3.

Shri Balbhim Shinde, Age: Major, Occ: Service As a District Special Social Welfare Officer, Jalna, Dist. Jalna ..RESPONDENTS Mr V.D. Gunale, Advocate for petitioner;

Mrs P.V. Diggikar, A.G.P. for respondent No.1 CORAM : PRASANNA B. VARALE AND ANIL S. KILOR, JJ.

DATE : 8th NOVEMBER, 2019

(2) ORAL ORDER:

Heard learned Counsel for the petitioner.

2.

In response to the simple notice issued by this Court vide order dated 7th February, 2019, an affidavit in reply is filed on behalf of respondent No. 1 and 2 through Mr. Dinesh Tarachandra Waghmare, Principal Secretary of Social Justice and Special Assistance Department, Government of Maharashtra. 3.

Learned A.G.P. invited our attention to the copy of communication informing the petitioners about the date of hearing scheduled on 26th December, 2018. There is also a copy of report placed on record and then ultimate order of rejection of the proposal by assigning the reasons in detail.

4.

It is true that there is some delay in decision but it is submitted that the delay is caused due to various administrative actions, such as, calling of the report, giving opportunity of hearing to the parties, receiving report of inspection etc., and as such, delay is unintentional. It is also stated in the affidavit in reply that though delay is caused due to administrative procedure, the deponent deeply regretted for the same and tendered unconditional and unqualified

(3) apology to this Court. Unconditional apology tendered by the deponent is accepted.

5.

In view of decision, it can safely be stated that the order of this Court dated 19th September, 2018 passed in Writ Petition No. 7112 of 2014 is duly complied with. The contempt petition stands disposed of accordingly.

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