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Bombay High CourtCP/234/2021disposed off

Asha Fulchand Thakur Alias Asha Suryakant Thakur v. The State Of Maharashtra And Others

2021-03-18Hon'Ble Shri Justice Ujjal Bhuyan,Hon'Ble Shri Justice M. G. Sewlikar2 pages

( 1 ) 948 cp 234.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 CONT. PETITION NO.234 OF 2021 IN WP/3072/2020 ASHA FULCHAND THAKUR ALIAS ASHA SURYAKANT THAKUR

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Yeramwar Sushant C. AGP for Respondents/State : Mr. S.P. Sonpawale ...

CORAM : UJJAL BHUYAN & M.G. SEWLIKAR, JJ.

DATE : 18.03.2021 P.C. :- Heard learned counsel for the petitioner.

2.

Though this is a contempt petition we had requested Mr. S.P. Sonpawale learned AGP to obtain instructions. 3.

Today when the matter is called upon learned AGP submits that inquiry is being conducted by the vigilance cell which is pending. Once the report of the vigilance cell is made available Scheduled Tribe Certificate Scrutiny Committee, Nandurbar (Committee) will conclude the validation proceeding within three months. Delay has occurred because of intervening Covid-19 pandemic and the resultant lock-down.

( 2 ) 948 cp 234.21 4.

This Court by an order dated 24.02.2020 had directed that committee should decide the validation proceeding expeditiously and preferably within a period of three months. Though petitioner was asked to appear before the committee on 26.03.2020 she could not appear on that date because of outbreak of the pandemic. However, it is stated that subsequently she appeared.

5.

When this Court had directed that the committee should decide the validation proceeding expeditiously and preferably within three months, delaying the proceeding further would not be justified; rather it would be in violation of the order of the Court. Nonetheless considering the pandemic and the resultant lock-down, we direct that Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division shall take a decision as directed by this Court on 24.02.2020 in Writ Petition No.3072/2020 within a period of two months from today and thereafter to pass a speaking order with due intimation to the petitioner. Any further delay beyond the said period would attract adverse consequences.

6.

With the above direction Contempt Petition is disposed of. [M.G. SEWLIKAR, J.] [UJJAL BHUYAN, J.] mub