Ratnai Mahila Swayam Sahayata Bachat Gat And ORS. v. State Of Maharashtra And ORS.

pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2362 OF 2016 Ratnai Mahila Swayam Sahayata Bachat Gat and Ors.

... Petitioners

Versus

State of Maharashtra and Ors.

... Respondents Mr. A.V. Anturkar, Senior Advocate i/by Mr. Amol A. Gatne for the Petitioners.

Mr. Rohit Deo, Associate Advocate General a/w Mr. A.B. Vagyani, Government Pleader and Mr. V.B. Thadhani, AGP for the Respondent Nos.1, 2, 3 and 5.

Ms. Manisha Jagtap and Mr. D.A. Dubey for the Respondent No.4. CORAM : A.S. OKA & C.V. BHADANG, JJ.

DATE : 2nd MARCH, 2016 P.C.

1.

The learned Associate Advocate General states that in case of some of the Petitioners there may not be agreements executed. Nevertheless as notices have been issued on 31st December, 2015 to the Petitioners, he states that this Petition will be governed by the order separately passed today in Writ Petition No.4558 of 2016 and three other connected matters. In case of those Petitioners, where there are no agreements executed, the directions issued in Writ Petition No.4558

of 2016 as regards the supply orders will not apply. The said directions will not apply even to those Petitioners in whose favour there are agreements but not a single work order has been issued. Accordingly, the Petition is disposed of by passing the following order :­

ORDER

(i) It will be open for the Petitioners to file additional documents and/or additional reply with the Commissioner within a period of two weeks from today;

(ii) We direct that hearing shall be given to the Petitioners by the Principal Secretary of the Women and Child Development Department. The Petitioners are directed to appear before the Principal Secretary of the Women and Child Development Department in his office at Mumbai on 22nd March, 2016 at 2.30 pm;

(iii) We make it clear that the supply orders to the Petitioners shall not be withheld only on the ground that notices dated 31st December, 2015 have been issued by the State Government;

(iv) After hearing the Petitioners, appropriate order shall be passed by the Principal Secretary of the Women and Child Development Department as expeditiously as

possible. The orders be served upon the Petitioners; (v) If the orders be adverse to the Petitioners, effect shall not be given to the said orders for a period of 10 days from the date on which the orders are communicated to the Petitioners;

(vi) We make it clear that it will be open for the Petitioners to raise all contentions which are raised in the Petition before the Principal Secretary;

(vii) All contentions of the parties on merits are kept open; (viii) Petition is disposed of on above terms.

(C.V. BHADANG, J ) (A.S. OKA, J )