The High Court extended the time granted to the State Government to comply with a prior order until 31 December 2014. Subject to compliance, costs of Rs. 5,000 were directed to be paid by applicants.
Time extended for compliance until 31 December 2014; costs of Rs. 5,000 awarded to respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.2643 OF 2014 IN
WRIT PETITION NO.1641 OF 2013
The Collector of Thane & Ors. ..Applicants Vs.
Sangharsh Kriti Seva Samiti & Ors. ..Respondents.
Mr. V.P. Malvankar, AGP “A” Panel for Applicants. Mr. G.T. Kanchanpurekar i/b Mr. Ramdas Shelke for Respondent Nos.1 to 4.
Mr. Ajit Ram Pitale for Respondent No.5.
CORAM: A.S. OKA &
A.S. GADKARI, JJ.
DATE : 2nd December 2014.
P.C.
Heard learned AGP for the Applicants.
2 The learned Counsel appearing for the Respondents-original
Writ Petitioners opposed the Application by pointing out that by order dated 30th July 2014 extension was granted till 30th September 2014 with a rider that no further extension shall be granted.
3 By this Civil Application, further extension by period of six months is sought. The Civil Application,itself records that on 6th September
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2014, the file was placed before the Hon'ble the Chief Minister for taking final decision. It is stated that as the elections of Assembly were announced, final decision could not be taken by the Hon'ble the Chief Minister. Thus, the Application records that the file is lying in the office of the Hon'ble the Chief Minister for taking final decision. Only in view of what is stated in Clause-4 of the this Application, we extend the time granted to the State to comply with the order dated 2nd April 2014 till 31st December 2014. Considering the fact that on 30th July2014, time was extended as a last chance, the Applicants will have to be saddled with costs. 4 We, accordingly, dispose of the Application by passing the following order:
(i) The State Government shall comply with directions issued under order dated 2nd April 2014 on or before 31st December 2014;
(ii) On failure to comply with these directions, appropriate action will have to be initiated under the Contempt of Courts Act, 1971 against the concerned officers of the State;
(iii) Applicants shall pay the costs of Rs.5000/- to the Writ Petitioners within a period of four weeks from today.
(A.S. GADKARI, J.) (A.S. OKA, J.)
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1 issue framed by the court
Whether to grant a further six-month extension to the State Government to comply with earlier directions.
The Collector of Thane & Ors.
Sangharsh Kriti Seva Samiti & Ors.
A.S. Oka
A.S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
