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Bombay High CourtMCA/297/2025application allowed

Sonali Rajesh Khandare v. Rajesh Gauttam Khandare

2025-10-03Hon'Ble Shri Justice Y. G. Khobragade9 pages

rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.280 OF 2025 The Sudhagad Education Society Through The Chairman Secretary ..

Petitioner vs.

State of Maharashtra Through the Principal Secretary, Department of School Education & Anr.

..

Respondents CONTEMPT PETITION NO.281 OF 2025 WRIT PETITION NO.16056 OF 2023 CONTEMPT PETITION NO.282 OF 2025 WRIT PETITION NO.16023 OF 2023 CONTEMPT PETITION NO.283 OF 2025 WRIT PETITION NO.16053 OF 2023 CONTEMPT PETITION NO.284 OF 2025 WRIT PETITION NO.16047 OF 2023 CONTEMPT PETITION NO.285 OF 2025 by RAJSHREE KISHOR MORE Date:

2025.07.18 10:07:08 +0530 RAJSHREE KISHOR MORE 1/9

WRIT PETITION NO.16038 OF 2023 CONTEMPT PETITION NO.286 OF 2025 WRIT PETITION NO.16032 OF 2023 CONTEMPT PETITION NO.287 OF 2025 WRIT PETITION NO.16058 OF 2023 CONTEMPT PETITION NO.288 OF 2025 WRIT PETITION NO.16022 OF 2023 CONTEMPT PETITION NO.289 OF 2025 WRIT PETITION NO.2156 OF 2024 CONTEMPT PETITION NO.290 OF 2025 WRIT PETITION NO.16033 OF 2023 CONTEMPT PETITION NO.291 OF 2025 WRIT PETITION NO.16043 OF 2023 CONTEMPT PETITION NO.292 OF 2025 2/9

WRIT PETITION NO.16051 OF 2023 CONTEMPT PETITION NO.293 OF 2025 WRIT PETITION NO.16049 OF 2023 CONTEMPT PETITION NO.294 OF 2025 WRIT PETITION NO.16036 OF 2023 CONTEMPT PETITION NO.295 OF 2025 WRIT PETITION NO.2337 OF 2024 CONTEMPT PETITION NO.296 OF 2025 WRIT PETITION NO.2155 OF 2024 CONTEMPT PETITION NO.297 OF 2025 WRIT PETITION NO.16048 OF 2023 CONTEMPT PETITION NO.298 OF 2025 WRIT PETITION NO.16049 OF 2023 CONTEMPT PETITION NO.299 OF 2025 WRIT PETITION NO.2157 OF 2024 3/9

CONTEMPT PETITION NO.300 OF 2025 WRIT PETITION NO.16035 OF 2023 CONTEMPT PETITION NO.302 OF 2025 WRIT PETITION NO.16055 OF 2023 CONTEMPT PETITION NO.303 OF 2025 WRIT PETITION NO.16013 OF 2023 CONTEMPT PETITION NO.304 OF 2025 WRIT PETITION NO.16028 OF 2023 CONTEMPT PETITION NO.305 OF 2025 WRIT PETITION NO.16044 OF 2023 CONTEMPT PETITION NO.306 OF 2025 WRIT PETITION NO.16020 OF 2023 CONTEMPT PETITION NO.307 OF 2025 WRIT PETITION NO.2159 OF 2024 4/9

CONTEMPT PETITION NO.308 OF 2025 WRIT PETITION NO.16046 OF 2023 CONTEMPT PETITION NO.309 OF 2025 WRIT PETITION NO.16034 OF 2023 CONTEMPT PETITION NO.310 OF 2025 WRIT PETITION NO.16026 OF 2023 CONTEMPT PETITION NO.311 OF 2025 WRIT PETITION NO.16054 OF 2023 CONTEMPT PETITION NO.316 OF 2025 WRIT PETITION NO.16024 OF 2023 CONTEMPT PETITION NO.317 OF 2025 WRIT PETITION NO.16050 OF 2023 CONTEMPT PETITION NO.318 OF 2025 WRIT PETITION NO.16059 OF 2023 CONTEMPT PETITION NO.319 OF 2025 5/9

WRIT PETITION NO.16045 OF 2023 CONTEMPT PETITION NO. 320 OF 2025 WRIT PETITION NO.16008 OF 2023 ---- Mr. Anand S Patil, for Petitioners.

Mr. P.P. Kakade, Additional GP a/w Ms. P.N. Diwan, AGP for the State in CP No.280 of 2025.

Ms. Priyanka Chavan, AGP for the State in CP No.281 of 2025. Mr. B.V. Samant, Additional GP a/w Ms. Priyanka Chavan, AGP for the State in CP No.282 of 2025.

Mr. B.V. Samant, Additional GP a/w Ms. P.N. Diwan, AGP for the State in CP No.283 of 2025.

Mr. P.P. Kakade, Additional GP a/w Ms. Priyanka Chavan, AGP for the State in CP No.284 of 2025.

Ms. P.N. Diwan, AGP for the State in CP No.285 of 2025. Mr. V.M. Mali, AGP for the State in CP No.286 of 2025. Mr. S.B. Kalel, AGP for the State in CP No.287 of 2025. Mr. S.H. Kankal, AGP for the State in CP No.288 of 2025. Mr. S.B. Kalel, AGP for the State in CP No.289 of 2025. Mr. P.P. Kakade, Additional GP a/w Ms. P.N. Diwan, AGP for the State in CP No. 290 of 2025.

Mr. S.H. Kankal, AGP for the State in CP No.291 of 2025. Mr. P.P. Kakade, Additional GP a/w Ms. Priyanka Chavan, AGP for the State in CP No.292 of 2025.

Mr. S.H. Kankal, AGP for the State in CP No. 293 of 2025. Mr. S.B. Kalel, AGP for the State in CP No.294 of 2025. Mr. P.P. Kakade, Additional GP a/w Ms. P.N. Diwan, AGP for the State in CP No.295 of 2025.

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Mr. S.B. Kalel, AGP for the State in CP No.296 of 2025. Mr. S.B. Kalel, AGP for the State in CP No.297 of 2025. Mr. P.P. Kakade, Additional GP a/w Ms. Priyanka Chavan, AGP for the State in CP No.298 of 2025.

Mr. S.B. Kalel, AGP for the State in CP No.299 of 2025. Mr. P.P. Kakade, Additional GP a/w Ms. P.N. Diwan, AGP for the State in CP No.300 of 2025.

Mr. V.M. Mali, AGP for the State in CP No.302 of 2025. Mr. A.K. Naik, AGP for the State in CP No.303 of 2025. Mr. A.R. Deolekar, AGP for the State in CP No.304 of 2025. Mr. V.M. Mali, AGP for the State in CP No.305 of 2025. Mr. S.H. Kankal, AGP for the State in CP No.306 of 2025. Mr. S.H. Kankal, AGP for the State in CP No.307 of 2025. Mr. S.H. Kankal, AGP for the State in CP No.308 of 2025. Mr. S.H. Kankal, AGP for the State in CP No.309 of 2025. Mr. P.P. Kakade, Additional GP a/w Ms. P.N. Diwan, AGP for the State in CP No.310 of 2025.

Mr. A.R. Deolekar, AGP for the State in CP No.311 of 2025. Mr. S.B. Kalel, AGP for the State in CP No.316 of 2025. Mr. S.H. Kankal, AGP for the State in CP No.317 of 2025 Mr. S.H. Kankal, AGP for the State in CP No.318 of 2025. Mr. V.M. Mali, AGP for the State in CP No.319 of 2025. Mr. S.B. Kalel, AGP for the State in CP No.320 of 2025. ---- CORAM : RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ DATE :

14th JULY, 2025.

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P.C.

1.

All these Petitions are filed under the Contempt of Courts Act, 1971. In all these Petitions, the Education Society, the School and the affected persons are the Petitioners. Respondent No.2, Shri Maharudra Nale is the Education Officer Secondary, Raigad Zilla Parishad at Alibaug.

2.

The common grievance of the Petitioners is that by identical orders passed by various Writ Benches in various Writ Petitions, the deficiencies pointed out by the Education Authorities were a cause for rejection of the proposals without giving the Management an opportunity to cure the deficiencies. Hence, this Court directed the Management to submit their revised proposals and the Education Officer was directed to decide the proposals within 8 weeks from the date of receipt. This has not been done for the past almost 13 to 14 months, excluding the period granted for passing orders on such proposals.

3.

The learned AGPs appearing in all these matters had sought a pass over in the First Session for taking instructions. In the Post Lunch Session, the learned AGPs submit that since the proposals 8/9

were forwarded to the Deputy Director of Education, the files were not returned to the Education Officer within time. Now it is assured, while tendering an unconditional oral apology, that all these proposals in which the Managements have tendered their revised proposals after removing the objections, would be decided within 60 days. 4.

The learned Advocate for the Petitioners is right in contending that such statement be recorded and if any of the Petitioners is required to once again file a second Contempt Petition, the conduct of the Education Officer be treated as aggravated contempt. 5.

In view of the above, all these Petitions are disposed off, keeping in view that notice under the Contempt of Courts Act was yet not issued to the Respondent. However, the Respondent Mr. Nale shall keep in mind that this is an opportunity being granted to him to rectify his conduct and learn to obey the orders of every Court at all levels. He would decide the proposals by passing reasoned orders within 60 days from today. If there is an occasion for any Petitioner to file a Contempt Petition once again, the conduct of Mr. Nale would be treated as aggravated contempt.

(GAUTAM A. ANKHAD, J) (RAVINDRA V. GHUGE, J.) 9/9