Vansing Rashaya Patle And Others v. The State Of Maharashtra And Others

1 wp 13234.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13234 OF 2018 Vansing Rashaya Patle and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri N. L. Chooudhari, Advocate for Petitioners. Shri S. M. Ganachari, A.G.P. for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 30TH JANUARY, 2019.

FINAL ORDER :

.

Mr. Chaudhari, the learned counsel for petitioners submits that, petitioners had filed appeal before the respondent No. 2 U/Sec. 15 of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The same is pending since the year 2010. The petitioners had earlier filed Writ Petition No. 6099 of 2011 seeking directions against the respondent No. 2 to decide the appeals. This Court under order dated 22.08.2011 directed the respondent Nos. 2 and 3 to decide the appeals within a period of six months. The same is not yet decided. In view of that present petition is filed.

2 wp 13234.18 2.

Mr. Ganachari, the learned Assistant Government Pleader submits that, the Tahsildar Mr. Yogesh Chandar, Tahsildar, Nandurbar is present in the Court and upon his instructions states that, within a period of six months appeals would be decided.

3.

The order is passed by this Court in earlier Writ Petition No. 6099 of 2011 on 22.08.2011 directing the authorities to decide the appeals within a period of six months. Seven years have lapsed thereafter, appeals have not been decided. The respondents have flouted the orders of this Court. In fact, this Court also can take cognizance of the contempt committed by the authorities. However, with a view to provide one more opportunity to the respondents, we grant respondents four (04) months time to decide appeals. If appeals are not decided within a period of four (04) months from today, respondents would be themselves liable for further action.

4.

With these observations the writ petition is disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/Jan. 19