Motiram Moreshwar Mohadikar vs Mrs Babita Giri, Joint Commissioner And ...
2024 Latest Caselaw 24956 Bom

Bombay High Court

Motiram Moreshwar Mohadikar vs Mrs Babita Giri, Joint Commissioner And ... on 28 August, 2024

Author: M.S. Jawalkar

Bench: Avinash G. Gharote, Mukulika Shrikant Jawalkar

                                                                                       (1)                                                               58 cp 104-2024

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             NAGPUR BENCH AT NAGPUR


                                               CONTEMPT PETITION NO. 104 OF 2024
                                                              IN
                                                WRIT PETITION NO. 1942 OF 2023
                                           Motiram Moreshwar Mohadikar
                                                        Vs.
                         Mrs Babita Giri, Joint Commissioner and Vice Chairman and others
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Office Notes, Office Memoranda of Coram,                                                                   Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                       Shri S.R. Narnaware, Advocate for petitioner
                                       Shri N.R. Patil, AGP for respondent



                                                     CORAM :                       AVINASH G. GHAROTE AND
                                                                                   SMT M.S. JAWALKAR, JJ.

DATE : 28.08.2024.

The contempt petition raises a grievance that the directions as contained in the judgment dated 08.11.2023, in Writ Petition 1942/2023 have not been complied with. The aforesaid judgment issued two directions :

1. To decide the tribe claim of the petitioner.

2. To pass orders on the applications dated 12.05.2022 and 22.04.2022.

2. It is not in dispute that the tribe claim of the petitioner has been decided by the decision dated 04.06.2024. The learned Assistant Government Pleader has made available for our perusal the roznama of the proceedings and the roznama dated 13.05.2024, indicates the consideration of the (2) 58 cp 104-2024

applications dated 12.05.2022 and 22.04.2022 and its rejection. Same position, is reflected in the decision dated 04.06.2024, wherein, in paragraph No. 5, the Committee categorically records the rejection of the aforesaid applications. The consideration of these applications is also reflected in paragraph No. 8 of the aforesaid decision, in view of which, the directions as contained in the judgment dated 08.11.2023 stands complied with. The only plea remains regarding the delay in the decision, which according to the judgment dated 08.11.2023, was to be decided within a period of three months from 01.12.2023.

3. The learned Assistant Government Pleader has filed an application in the original Writ Petition No. 1942/2023 bearing Civil Application (CAW) No. 2159/2024, seeking extension of time, considering that the decision has already been taken and accepting the reasons given, the civil application is allowed. Time is extended till the date of the decision.

4. In view of the aforesaid discussion, the notice issued on 08.04.2024, is discharged.

(SMT M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) Jayashree..

Signed by: Mrs. Jayashree Pethe Designation: PA To Honourable Judge Date: 29/08/2024 17:11:32