Shree Sant Chakoba Shikshan Prasarak Mandal Throught Its Chairman Prashant Pundlik Kale v. State Of Maharashtra The Social Justice Department Mantralaya Thr. Secretary Director

53. CP 268.23.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 268 OF 2023 IN WRIT PETITION NO. 13142 OF 2017 Shree Sant Chokhoba Shikshan Prasarak Mandal ... Petitioner V/s.

The State of Maharashtra and Ors.

... Respondents Mr. Jagdish G. Aradwad (Reddy) for the Petitioner Mr. V.M. Mali, AGP for the Respondent No.2 CORAM : NITIN JAMDAR & M.M. SATHAYE, JJ.

DATE : 08 JANUARY 2024 P.C. :- The contempt is alleged of the order dated 27 May 2021 in Writ Petition No. 13142 of 2017 passed by the Division Bench of this Court. This order simplicitor directs the Chief Secretary, OBC Welfare, Mantralaya to decide on the issue regarding opening of a new Ashram School for the Petitioner.

2.

According to the learned Counsel for the Petitioner there was no hearing and the Chief Secretary was transferred and some JYOTI PRAKASH PAWAR Date: 2024.01.09 11:15:29 +0530 JYOTI PRAKASH PAWAR

53. CP 268.23.doc other officer has communicated the order of rejection. The impugned ground of rejection refers to the policy of the State Government. By the order dated 27 May 2021 the Court had made it clear that the Court had not expressed any view on the merits of the Writ Petition and if the order that is passed is against the Petitioner, the Petitioner would be at liberty to file an appropriate proceedings.

3.

Now that the order has been passed and as per the order dated 27 May 2021 itself, the Petitioner has a remedy to challenge the same, we do not find this is a case to proceed under the Contempt jurisdiction. The Contempt Petition is accordingly disposed of.

M.M. SATHAYE, J.

NITIN JAMDAR, J.