Bombay High CourtCP/532/2019disposed offdismissed for default

Yogesh Madhukar Thakur v. The State Of Maharashtra And Others

2019-08-14Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice R. G. Avachat2 pages

Contempt Petition No.532/2019 (( 1 ))

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CONTEMPT PETITION NO.532 OF 2019 IN WRIT PETITION NO.10594 OF 2017 Yogesh s/o Madhukar Thakur ...

PETITIONER

VERSUS

The State of Maharashtra & ors.

...

RESPONDENTS .....

Shri S.C. Yeramwar, Advocate for petitioner Mrs. G.L. Deshpande, A.G.P. for State .....

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

DATED :

14th AUGUST, 2019.

ORAL ORDER :

Heard Mr. Yeramwar, learned counsel for the petitioner. Our attention was invited to the order of this Court, dated 3/11/2017. The respondent No.2 Committee was directed to decide the validation proceedings within a stipulated period of three months from the date of order. The Division Bench also protected the petitioner by observing that till the validation proceedings are decided, the respondent No.3 shall not take any adverse action against the petitioner only on the ground that validation proceeding is pending, and respondent No.3 was then permitted to take further course of action against the petitioner depending upon the judgment that would be delivered by the Committee in the validation

Contempt Petition No.532/2019 (( 2 )) proceeding. In spite of the directions of this Court to decide the validation proceedings within stipulated period and in spite of the various representations to the Scrutiny Committee, the Committee is sitting tight over the claim of the petitioner till date. The copy of the petition was supplied to the office of the Government Pleader. 2.

The learned A.G.P., on instructions received from the respondent No.2, Member Secretary of the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, Nandurbar submitted before us that there is delay in deciding the claim and the delay was for bonafide reasons, namely the large number of claims pending before the Committee, but now the Committee is in the final stage of decision, i.e. the parties are already heard and the Scrutiny Committee would pass order on the validation claim in near future and not later than one week from today.

Accepting this statement as an undertaking to this Court, and considering the fact that now the grievance raised by the petitioner is address and redressed by the Committee, the Contempt Petition is disposed of.

(R.G. AVACHAT) (PRASANNA B. VARALE) JUDGE JUDGE fmp/-