Vilas Ganpatasingh Rajput v. Sonai Apang Vikas And Shikshan Sanstha Nandurbar And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10440 OF 2018 IN CONTEMPT PETITION NO.653 OF 2015 IN WRIT PETITION NO.1497 OF 2014 Vilas Ganpatasingh Rajput ..PETITIONER

VERSUS

Sonai Apang Vikas & Shikshan Sanstha, Nandurbar & ors.

..RESPONDENTS Mr M. M. Bhokarikar, Advocate for petitioner; Mrs A. V. Gondhalekar, A.G.P. for respondent/State CORAM : PRASANNA B. VARALE AND MANISH PITALE, JJ.

DATE : 21st August, 2018 ORAL ORDER:

Heard Mr Bhokarikar, learned Counsel appearing on behalf of the applicant/petitioner.

2.

It is submitted in the application that the applicant/petitioner for the contempt petition in this Court seeking an action against the erring respondents, who have failed to comply the order of this Court. He then submits that the simple notice was issued by this Court to respondent No.3 by an order dated 4th September, 2017 considering the grievance of the petitioner that the respondent No.3 has not yet decided the pay scale and the

(2) increments as directed by this Court under order dated 20th November, 2014 in Writ Petition No.1497 of 2014.

3.

Learned Counsel for the applicant/petitioner then submits that though the applicant/petitioner was permitted to take steps in view of the fact that respondent No.3 was not served, as per the instructions received by him, respondent No.3 - Mr Suresh Padavi, who was occupying the post of District Social Welfare Officer, Nandurbar is transferred from that place and Mr Satish B. Walvi is occupying the post of District Social Welfare Officer, Nandurbar.

4.

Mr Bhokarikar then submits that though inadvertently it is stated in the prayer clause (b) that direction be given to respondent No.1 regarding the details about transfer of respondent No.3, in fact it is respondent No.4 who can provide necessary information about respondent No.3. As such, learned Counsel orally prays for correction in the prayer clause (b). He then submits that in view of the instructions received by him that Mr Satish B. Walvi is now occupying the post of District Social Welfare Officer, Nandurbar, the applicant be permitted to add Mr Satish B. Walvi as party respondent to the petition.

5.

The oral prayer of the learned Counsel is allowed. Necessary amendment be carried out during the course of the day. We permit the

(3) applicant to add Mr Satish B. Walvi, District Social Welfare Officer, Nandurbar as party respondent No.5 to the petition. Civil Application is disposed of accordingly.

6.

Issue notice to added respondent No.5, making the same returnable on 18th September, 2018.

(MANISH PITALE, J.) (PRASANNA B. VARALE, J.) sjk