Niyojit Viniyojit Vimukt Jati Sahakari Gruhanirman Sanshta, Thr. Chief Promoter Shri. S.R. Jadhav v. The Assistant Commissioner, Social Welfare Department And ORS.

12 cp318-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.318 OF 2018 Niyojit Vimukt Jati (Maji Gunhegar Jamati) Sahakari Gruhanirman Sanshta, Thru Chief Promoter Shri Shankar Rakhmaji Jadhav .. Petitioner V/s.

The Assistant Commissioner, Social Welfare Department and & Ors.

.. Respondents Mr.Y.G.Thorat i/b Mr.A.B.Tajane for the Petitioner Mrs.Sushma Bhende, A.G.P. for the Respondent nos.1, 2, 3, 5 and 6

CORAM:

K.K. TATED & SANDEEP K. SHINDE, JJ.

DATED :

SEPTEMBER 04, 2018 P.C. :

Heard.

By this Contempt Petition, Petitioner is alleging that though this court by order dated 24.03.2017 in Writ Petition No.3225 of 2017 directed Respondent to decide their representation within four months from the date of appearance of the representative of the Petitioner before them, they failed and neglected to do so. Mohite 1/2 by Trusha Tushar Mohite Date:

2018.09.06 12:26:21 +0530 Trusha Tushar Mohite

12 cp318-18.doc Today, the learned A.G.P. for the State filed affidavit dated 04.09.2018 duly affirmed by Bhaurao R. Gavit, Joint Secretary to the Government, VJNT, OBC and SBC explaining the reason why there was delay on their part to decide the Petitioner's representation. He further made a statement in paragraph 7 of his affidavit that they will decide the Petitioner's representation according to law on or before December, 2018. Paragraph 7 and 8 of the said affidavit reads thus: "7) I say that after hearing all the concerned parties, verifying all the relevant and material documents, a representation of the Petitioner dated 16/01/2017 would be decided in accordance with law as early as possible and preferably on or before December, 2018."

"8) I once again tender my unconditional apology for the delay caused in compliance of the order dated 24/03/2018 and I respectfully say that the said delay is neither intentional nor deliberate."

Considering the submission made by the learned A.G.P. and affidavit dated 04.09.2018, we find that it is not necessary to take any action against them under the Contempt of Courts Act, as they decided to decide the Petitioner's representation on or before December, 2018. Hence, Contempt Petition stands rejected.

No order as to costs.

(SANDEEP K. SHINDE, J.) (K.K. TATED, J.) Mohite 2/2