Sneha Prakash Ainlawar v. The State Of Maharashtra And Others
934-wp-7467-2020.odt (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 934 WRIT PETITION NO.7467 OF 2020 SNEHA PRAKASH AINLAWAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Petitioner : Mr. Golegaonkar Madhur A. GP for Respondent Nos.1 & 2 : Mr. D.R. Kale Advocate for Respondent No.3 : Mr. S.R. Palnitkar h/f Mr. Dhananjay Deshpande ...
CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, J.J.
DATED : 02nd JULY, 2021 PER COURT:- 1.
On 28.06.2021, we had passed the following order: "1. This is the third round of litigation for the petitioner, who is praying for a decision on her pending claim for validity as belonging to "Mannervarlu" Scheduled Tribe. In Writ Petition No.1032 of 2017, fled by her, this Court had passed an order on 24.01.2017 directing the Competent Committee to decide the claim of the petitioner within a period of one year. This was followed by another order of this Court dated 02.12.2019 in Writ Petition No.14438 of 2019 fled by her, wherein this Court directed that the claim should be decided before March 2020 as the petitioner was about to complete her internship post M.B.B.S. Degree Course . Even today, her claim is pending.
2. We are, therefore, post this matter on 2nd July 2021 and we direct the Member Secretary of respondent No. 2 - Committee to remain personally present in this Court and explain as to why we should not initiate contempt proceeding against the said officer.
934-wp-7467-2020.odt (2) 2.
The learned AGP submits that Shri Vijaykumar Mahadev Katke, Deputy Director (Research) and Member Secretary of respondent no.2- Committee is personally present in the Court and an affidavit dated 02.07.2021, from page nos.52 to 75, is being tendered. An unconditional apology is ofered stating that the affiant has not intentionally or deliberately violated the order of this Court. There were circumstances owing to the pandemic and the lockdown restrictions, which were beyond the control of the affiant. It is further submitted that the vigilance report in the matter of the petitioner has been received on 30.06.2021 and by following the due process of law, the claim of the petitioner would be adjudicated upon, expeditiously and in any case within six weeks. 3.
The learned advocate for the petitioner submits that the petitioner would have no grievance as against the committee if her claim is decided expeditiously. It is further submitted that the statement of the affiant may be recorded and this petition can be disposed of. 4.
In view of the above, we are accepting the apology tendered by the affiant, Shri Katke.
5.
This petition is disposed of with a direction that respondent no.2 shall complete the enquiry and decide the proposal of the applicant on it's own merits, on or before 31.08.2021. No further extension of time would be granted. The petitioner shall whole heartedly cooperate in the expeditious disposal of her claim, failing which, she shall sufer the consequences.
(S.G. MEHARE. J) (RAVINDRA V. GHUGE, J) Mujaheed//