Bombay High CourtCP/223/2018disposed offdismissed for default

Lok Seva Mandal Degloor Through Its Secretary Irappa Hullappa Gaikwad v. Sunil Chavhan The Director Of Education Primary Maharashtra State Pune

2019-07-24Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice R. G. Avachat2 pages

Contempt Petition No.223/2018 (( 1 ))

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CONTEMPT PETITION NO.223 OF 2018 IN WRIT PETITION NO.12052 OF 2016 Lok Seva Mandal, Degloor ...

PETITIONER

VERSUS

Sunil Chavhan, Director of Education (Primary), Maharashtra State, Pune ...

RESPONDENTS .....

Shri U.B. Deshmukh, Advocate for petitioner Mrs. G.L. Deshpande, A.G.P. for respondent .....

CORAM:

PRASANNA B. VARALE AND R.G. AVACHAT, JJ.

DATED :

24th JULY, 2019.

ORAL ORDER :

In response to notice issued by this Court, an affidavit-in-reply is filed on behalf of respondent Shri Sunil s/o Ratansing Chauhan, Director of Education (Primary), Maharashtra State, Pune. The Division Bench of this Court directed the respondent State to decide the proposal for starting a new unit and grant of approval. By order dated 1/3/2018, the State Government informed the decision to the Director of Education, Maharashtra State, Pune that the proposal filed by the petitioner institute cannot be accepted. As such, the proposal was rejected.

Contempt Petition No.223/2018 (( 2 )) It is stated in the affidavit-in-reply that, some delay caused in taking the decision, but the delay was for the procedural and administrative formalities. As such, the delay was purely unintentional and for bonafide reasons. It is also stated in the affidavit-in-reply that the deponent tenders unconditional apology for the delay caused in taking decision.

Considering the above referred facts, we are of the opinion that the order of this Court is now complied with. The delay is also properly explained along with the unconditional apology. The petitioner, if feels aggrieved by the decision of the State Government, he is at liberty to take appropriate steps so as to challenge the decision by approaching the competent forum, if so advised.

The Contempt Petition is accordingly disposed of. (R.G. AVACHAT) (PRASANNA B. VARALE) JUDGE JUDGE fmp/-