The State Of Maharashtra And Another v. Sugriv Dinkar Shendge

2024:BHC-AUG:6823-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 22 CIVIL APPLICATION NO. 2516 OF 2024 IN/WITH RA/223/2014 IN WP/8733/2013 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

SUGRIV DINKAR SHENDGE ....

Mr S. K. Tambe, A.G.P. for Applicants/State Mr B. V. Thombre, Advocate for Respondent CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 26th March, 2024 PER COURT:

1.

The Review Application No.223/2014 is filed by the Original Petitioner, who is a Special person (does not have both arms). Twice notices were issued by this Court to the Superintending Engineer and the Member Secretary, Regional Selection Committee, Group 'C' category, Vigilance Squad, Irrigation Department, Chhatrapati Sambhajinagar. From 2014 till 08/02/2024, the hearing in the Review Application was obstructed since the said officer did not cause appearance despite two notices having been served upon his office. Finally, by an order dated 08/02/2024, we issued a bailable warrant in the sum of Rs.15,000/- and the Applicant came rushing to this Court.

(2) 2.

We have perused the contents of the Civil Application. Passing on the buck, is the picture that emerges between two officers. The fact remains that, a handicapped Petitioner has not got a hearing in his matters for 10 years, only because of the nonappearance of the Officer. In such circumstances, the faith of the public in the justice dispensation system could be shaken if matters are not being heard for 10 years, only because a high ranking officer did not appear.

3.

The learned Advocate for the Review Petitioner submits that, though the order of the bailable warrant may be recalled, however, costs of Rs.15,000/- should be awarded to the Petitioner.

4.

Considering the overall fact situation before us, this Civil Application is partly allowed. The order issuing a bailable warrant is recalled. The said officer, namely, Sandip Jankiram Sonawane, Superintending Engineer and the Member Secretary, Regional Selection Committee, Group 'C' category, Vigilance Squad, Irrigation Department, Chhatrapati Sambhajinagar, shall deposit an amount of Rs.15,000/- in this Court within a period of

(3) 15 days from today. The Petitioner shall withdraw the said amount without conditions, under proper identification from the learned Advocate.

5.

List the Review Application No.223/2014 for a final hearing on 10/04/2024.

(R. M. JOSHI, J.) (RAVINDRA V. GHUGE, J.) sjk