1701cp234.10.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CONTEMPT PETITION NO. 234 OF 2010 IN WRIT PETITION NO. 3184 OF 2010 (Balapur Minority Education & Social Welfare Society, Balapur Vs. Sanjay Kumar, Principal Secretary, Mumbai) ...................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ...................................................................................................................................................................... Shri A. I. Sheikh, Advocate for the petitioner. Shri A. M. Deshpande, AGP for the respondent. CORAM : R. K. DESHPANDE, J. DATED : 17TH JANUARY, 2011. 1. The complaint in this petition is in respect of non compliance of the judgment and order dated 16/7/2010 passed by this Court in Writ Petition No. 3184 of 2010. By the said judgment and order, respondent No. 1 was directed to decide the application within a period of four weeks after receipt of fresh application from the petitioner. However, the same was not decided, hence this petition was filed. 2. The affidavit dated 15/01/2011 has been filed by respondent No.1-The Principal Secretary of the Department of School Education. In para 6 of the affidavit it has been stated that the application has been decided by the State Government and order has been passed on 05/01/2011 which has been communicated to the petitioner. 3. The learned Counsel for the petitioner has urged that the decision has not been taken within the stipulated period by the 1701cp234.10.odt 2/2 respondent and it is only after receipt of the notice of this contempt petition, a decision has been taken. 4. The learned Additional Government Pleader has invited my attention to para 2 of the affidavit, wherein an unconditional apology has been tendered for the delay caused in complying the order. The learned Counsel for the petitioner submits that no application for grant of extension of time was filed by the respondent for deciding the application filed by the petitioner and hence the disobedience is willful. 5. In the affidavit filed by the respondent, the reason for delay caused in taking decision has been explained in para 6 and the unconditional apology is tendered. However, after filing of the contempt petition and only after receipt of notice of this contempt petition, the order has been complied with. In view of this, the respondent shall pay the costs of Rs. 200/- (rupees two hundred only) to the petitioner. 6. In view of the statement made on affidavit, nothing survives in this matter to proceed further. The proceedings are, therefore, dropped. 7. The dismissal of contempt petition shall not come in the way of the petitioner to challenge the order dated 05/01/2011 in the appropriate proceedings. JUDGE wwl