Vishvas Vasant Tamhankar v. The State Of Maharashtra Through Its Secretary

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 8 OF 2025 IN WRIT PETITION NO. 3201 OF 2023 Vishvas Vasant Tamhankar ..

Petitioner

Versus

The State of Maharashtra through its Secretary ..

Respondent ...

Mr. Arshad Shaikh, Senior Advocate with Mr.Divakar Rai, Mr.Aditya Rai and Mr.Vayukumar Tiwari i/b Mr.Ramchandra Rane for the petitioner.

Smt.Jaymala Ostwal, AGP for the State.

Ms.Aparna Kalathil with Ms.Sayali Apte i/b P.G. Lad for respondent no.4.

CORAM : BHARATI DANGRE & MANJUSHA DESHPANDE, JJ DATED : 5th FEBRUARY, 2026 P.C:- In continuation of our earlier order, the Joint Secretary of the Home Department has filed an affidavit, to which he has annexed the Government Resolution (Home Department), thereby constituting the Committee under the Chairmanship of the Addl. Chief Secretary (Home Department) along with other members to examine the feasibility of allotting the houses which are in occupation in the police colony by the occupants on ownership basis, and the Committee is appointed

2/3 906 CONPW 8-25.doc to examine the said issue in covering its legal, technical and also financial implications.

From the affidavit being placed before us, we can only note that the policy decision may take some time, as the Committee under the Study Group is now appointed to advise the Government of the said issue. However, in the Contempt Petition, the grievance of the petitioner is, that the order passed by this Court on 9/7/2024, directing the representation of the petitioner to be decided by the Home Department, expeditiously, must be complied with.

From the stand adopted by the respondents, it appear to us that the Home Department, at a point of time suggested, that the representation ought to have been decided by the Housing Department and to this, the response of the learned senior counsel is, he had preferred representations to both the Departments and they could not have shunted the responsibility of taking the decision thereupon, only on the ground that this particular department or another department is responsible.

In any case, in this peculiar situation, since we find that the policy decision at the end of the State Government is awaited, we direct the Home Department to communicate the decision on the representation of the petitioner, as this Court had directed the decision to be communicated through Home Department.

3/3 906 CONPW 8-25.doc We direct the decision be communicated within a period of six weeks from today.

We must clarify that there shall be no confusion in the mind of the respondent authority as to who will communicate the decision to the petitioner and we must reiterate that it shall be done by the Home Department and even if the Housing Department is involved, after taking necessary inputs from it the final communication shall be from the Home Department.

In the wake of the aforesaid clarification, Contempt proceedings are dropped.

(MANJUSHA DESHPANDE, J) (BHARATI DANGRE, J.)