Bombay High CourtCP/63/2014dispossed offdismiss for default

Satish S/O Gopal Uprelu And 2 Others v. Shri E.G. Bhalerao, The Chairman And 2 Others

2015-10-07Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

0710cp63.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CONTEMPT PETITION NO.63/2014 IN WRIT PETITION NO.3626/2013 (D) Satish s/o Gopal Uprelu and others ...Versus...

Shri E.G. Bhalerao, the Joint Commissioner (Tribal Department), Nandurbar Tq. and Distt. Nandurbar 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 F.T. Mirza, Advocate for petitioners Shri N.R. Rode, AGP for respondents - State CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : 07.10.2015 By this contempt petition, the petitioners seek action against the respondents for wilful disobedience of the order dated 31.7.2013 in Writ Petition No.3626/2013.

It is stated on behalf of the petitioners that despite specific directions by this Court to the respondents to decide the case of the petitioners within eight weeks, the respondents have not decided the same.

Shri Rode, the learned Assistant Government Pleader appearing on behalf of the respondents - State states that the caste claim of the petitioners has been decided on 25.6.2015 and a caste validity certificate is issued in favour of the petitioners.

0710cp63.14.odt We do not find that there was any specific direction to the respondents to positively decide the matter within eight weeks. This Court had expressed that the matter should be preferably decided within eight weeks. In the circumstances of the case, since there were no Members on the Scrutiny Committee, it cannot be said that the respondents have deliberately not decided the case of the petitioners despite the directions. In any case the petitioners' caste claim is decided by the Scrutiny Committee on 25.6.2015.

In the circumstances stated hereinabove, the contempt petition is disposed of with no order as to costs. JUDGE JUDGE Wadkar