Bombay High Court
Latabai Maharu Koli Alias Latabai ... vs The State Of Maharashtra And ... on 15 September, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
1001-WP-9228-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.9228 OF 2021
LATABAI D/O MAHARU KOLI ALIAS LATABAI W/O CHANDRAKANT
SONAWANE
VERSUS
THE STATE OF MAHARASHTRA AD OTHERS
...
Advocate for Petitioner : Senior Advocate Mr. R. N. Dhorde i/b
Mr. V. R. Dhorde and Mr. P. S. Dishe
GP for Respondents - State : Mr. D. R. Kale
Advocate for Respondent No.4 : Mr. P. R. Katneshwarkar i/b
Mr. Y. B. Bolkar
...
CORAM : S. V. GANGAPURWALA AND
R. N. LADDHA, JJ.
DATE : 15TH SEPTEMBER, 2021
PER COURT :
1. Heard Mr. Dhorde, the learned senior advocate for the
petitioner, Mr. Katneshwarkar, the learned advocate for respondent
No.4 and the learned Government Pleader.
2. The petitioner seeks recall of the order dated
05-08-2021 passed in Contempt Petition No.346 of 2021.
3. The parties are litigating before the Scrutiny
Committee. Writ Petition No.14645 of 2019 was filed by the
present respondent No.4. In the said matter, under order dated
04-12-2019, this Court disposed of the writ petition directing the
Committee to decide the proceeding expeditiously. Subsequently,
Writ Petition No.7721 of 2020 was filed by the present petitioner
1001-WP-9228-21.odt
thereby assailing the judgment of the Scrutiny Committee,
dismissing the proposal of the petitioner for issuance of validity
certificate of the petitioner of Tokare Koli, Scheduled Tribe. After
hearing all parties under the judgment and order dated
03-12-2020, we disposed of the writ petition by quashing and
setting aside the order of the Scrutiny Committee and remitting
the matter to the Scrutiny Committee. We further directed the
Committee to decide the validation proceedings within a period of
four months from the date of submission of the tribe certificate
issued by the competent authority. It appears that the
proceedings were not decided within a period of four months. The
present respondent No.4 filed Contempt Petition No.346 of 2021.
This Court under order dated 05-08-2021 observed that, if within
a reasonable time, the proceedings are not decided, the Court
would be constrained to take the cognizance of the contempt.
4. The present writ petition is filed for recalling the order
dated 05-08-2021 passed in Contempt Petition No.346 of 2021.
Mr. Dhorde, the learned senior advocate, submits that the present
respondent No.4 suppressed the fact that respondent No.4 has
filed S.L.P. before the Hon'ble Apex Court challenging the
judgment and order passed by this Court in Writ Petition No.7721
of 2020. Respondent No.4, in all fairness, ought to have disclosed
the said fact before this Court and by suppressing the same,
1001-WP-9228-21.odt
obtained the orders in the contempt petition. Respondent No.4, in
fact, committed the contempt of the contempt by suppressing the
fact. The present petitioner has also filed S.L.P. before the Hon'ble
Apex Court against the same judgment and order passed in Writ
Petition No.7721 of 2020 and the same is pending. The petitioner
has also filed another S.L.P. for transfer of the proceedings. This
Court has dismissed the writ petition seeking transfer of the
proceedings from one Committee to another.
5. In none of the matters the Hon'ble Apex Court has
stalled the proceedings and stayed the judgment or proceeding
before the Committee. The petitioner has approached before the
Hon'ble Apex Court long back. It is submitted by Mr. Dhorde, the
learned senior advocate, that the matters are to be listed in the
week commencing from 04-10-2021, before the Hon'ble Apex
Court. In the light of that, the Committee may give date to the
parties to appear before it after 06-10-2021.
6. With the aforesaid observations, the writ petition is
disposed of. No costs.
(R. N. LADDHA, J.) (S. V. GANGAPURWALA, J.)
SVH
