Piyush Sanjay Bagul And Another v. The State Of Maharashtra And Others

1 cp 355.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 355 OF 2021 IN WRIT PETITION NO. 8411 OF 2020 Piyush Sanjay Bagul and another .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Abhaykumar D. Ostwal, Advocate for Petitioners. Shri S. K. Tambe, A.G.P. for Respondent Nos. 1 and 2. CORAM :

S. V. GANGAPURWALA AND R. N. LADDHA, JJ.

DATE :

10TH AUGUST, 2021.

ORDER :

.

Mr. Ostwal, the learned counsel for petitioners submits that, thrice the petitioners had filed petitions. Three times this Court directed the committee to decide the proceedings. The proceedings are pending since the year 2013 and 2019 respectively. Always the committee sought for orders of this Court. There was total inaction on the part of the committee in deciding the proceedings.

The orders passed by the constitutional Court are not obeyed by the Committee. The results of the petitioners' examination are withheld. 2.

On the last date, the learned Assistant Government Pleader was directed to take instructions. The learned A. G. P. on instructions of the Committee submits that, the matter is

2 cp 355.21 closed for orders and within seven (07) days orders would be passed in the validation proceedings.

3.

It appears that, the Committee did not comply the orders of the Court vis-a-vis the stipulation of time in deciding the matters. The Committee member has tendered apology in not deciding the matters within the time frame laid down by the Court.

4.

Whenever this Court directs the Committee to decide the proceedings within the period stipulated, it is expected on the part of the Committee to decide the proceedings within the stipulated period. If same is not decided within the stipulated period, the committee is expected to seek extension of time from this Court. It is observed that, though the committee does not decide the proceedings within stipulated period, it does not seek extension of time from the Court. The Committee has to file an application to the Court seeking extension of time giving reasons for extension. We hope and trust that the committee shall adhere to the said procedure.

5.

In the present matter, we have not taken cognizance of the contempt against the Member and Member Secretary of the Committee, however, considering the apology tendered and that the matters are closed for orders and the orders would be passed within a period of seven (07) days from today as undertaken by the Committee, we have not proceeded further with the contempt petition.

3 cp 355.21 6.

The letter placed on record by the learned A. G. P. is accepted as an undertaking to this Court. Failure to abide by the same would result in contempt of the Court.

7.

With these observations contempt petition is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] bsb/Aug. 21