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Bombay High CourtCP/28/2020disposedoff

Yogesh S/O Shalik Shrirame v. The Sceduled Tribe Certificate Scrutiny Committee Thr. Member Secretary And Others

2020-12-09Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Nitin B. Suryawanshi2 pages

1 cp28.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CONTEMPT PETITION NO.28 OF 2020 IN WRIT PETITION NO.6380 OF 2018 [D] [Yogesh Shalik Shrirame .vs. The Scheduled Tribe Certificate Scrutiny Committee, Amravati and others] --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shri S.P. Khare, Advocate for the petitioner, Shri A.S. Fulzele, Addl. G.P. for the respondents. ..........

CORAM : A.S. CHANDURKAR AND N.B. SURYAWANSHI, JJ.

DATED : 09.12.2020.

By the order passed in Writ Petition No.6380/2018 on 25.03.2019, the respondent no.1Scrutiny Committee was directed to take decision on the claim of the petitioner regarding validation of his caste certificate within three months' time. The same was not done, hence the present contempt petition was filed. The reply is filed on behalf of the respondentcommittee, wherein it is stated that the caste claim of the petitioner is decided on 24.02.2020, the copy of the decision is placed on record.

The learned advocate for the petitioner vehemently argued that without seeking any extension, the committee has belatedly decided the caste claim of the petitioner. The committee, in its affidavit-in-reply,

2 cp28.20 has disclosed the reason as to why the claim of the petitioner could not be decided within the stipulated time. The reason about heart aliment as well as nonavailability of sufficient coram is mentioned in the affidavit-in-reply, unconditional apology is also tendered for non-compliance of the order in stipulated time. On going through the affidavit-in-reply filed by the committee, we are satisfied that there is no willful disobedience on the part of the committee in passing of the order.

In view of the above, the contempt petition is disposed of.

JUDGE JUDGE Gulande Abhimanyu Gulande Abhimanyu Gulande Date: 2020.12.10 10:47:15 +0530