Sanjeevan Devidas Ghogare v. Kiran Kulkarni The Commissioner And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 311 OF 2019 IN WRIT PETITION NO. 14764 OF 2017 Sanjeevan Devidas Ghogare ... Petitioner

Versus

Shri Dr. Kiran Kulkarni The Commissioner, Tribal Development Department, M.S., Nashik and others ... Respondents ....

Mr. Vijay A. Dhakne, Advocate for petitioner Mr. S. S. Dande, AGP for respondent No.2 ....

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

DATED : 11th MARCH, 2020 PER COURT :- .

Heard Mr. Dhakne, learned counsel for the petitioner. 2.

In response to the notice issued by this Court, an affidavit-inreply is filed on 21.02.2020 through Shri M. J. Pradipchandran, Collector, Bhandara, District Bhandara. It is stated in the affidavit-inreply that at the relevant time the deponent was holding the post of Additional Commissioner, Tribal Development Department, Amravati. It is further stated that a proceeding was filed on behalf of

2 938-cp-311-2019.doc the petitioner in the form of Appeal before the Commissioner, Tribal Development, Amravati and that Appeal is decided by the authority with a reasoned order. A copy of the decision dated 22.12.2009 is placed on record and annexed to the affidavit-in-reply. It is specifically stated in the affidavit-in-reply that a representation was filed by the petitioner on 13.12.2018. Such representation was never received by the authorities. The order in the Appeal presented by the petitioner is also informed to the petitioner. 3.

In view of the above facts the grievance raised in the petition no more survives.

4.

Learned counsel for the petitioner submitted before this Court that the petitioner be granted liberty to avail appropriate remedy to challenge the decision taken by the authority, namely, the Commissioner, Tribal Development, Maharashtra State. 5.

In case, the petitioner if so advised, he is at liberty to avail appropriate remedy to challenge the decision of the Commissioner, Tribal Development, Maharashtra State, by approaching the competent forum.

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The Contempt Petition is disposed of with the liberty as prayed for.

[ R. G. AVACHAT, J. ] [ PRASANNA B. VARALE, J. ] SMS