1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3183 OF 2007 Gomaji s/o Kishanrao Devde - PETITIONER VERSUS 1) The State of Maharashtra and others. - RESPONDENTS ***** Mr.MV Ghatge,Advocate for Petitioner; Mr.SK Kadam,AGP for Respondent Nos.1 and 2; Mr.SD Palkundwar, Advocate for Resp.Nos.3 & 4. ----- CORAM : S.B.DESHMUKH & K.U.CHANDIWAL,JJ. DATE : 13th September, 2010. ORAL ORDER (PER:S.B.DESHMUKH,J.): 1) Heard the learned Counsel for the respective parties. 2) Mr.Kadam, learned AGP, has clarified that the earlier order dated 30th August, 2010, whereby bailable warrant has been issued as against the respondent no.3, has been executed. 2 3) Two affidavits are placed on record, one filed by Vijay Namdeo Mithpalle, Police Sub Inspector, Office of the Superintendent of Police, Hingoli. It is marked by letter "A" for identification and taken on record, copy of which is reported to have been served on the other side. In this affidavit, it is averred that the earlier order has been executed and served on both the Social Welfare Officers of Zilla Parishad, Hingoli on 3rd September, 2010 viz. 1) Umakant Dattatraya Totawar and 2) Tukaram Deorao Barge. Both these officers are accordingly present before the Court. 4) Another affidavit is filed by Umakant s/o Dattatraya Totawar, Child Development Project Officer, Additional charge of Social Welfare Officer, Zilla Parishad, Hingoli. It is marked by letter "B" for identification and taken on record. Along with this affidavit, some documents have been annexed, one of which is at page 72, which indicates that the present 3 petitioner has been absorbed as a peon for the period from 28.1.2010 till 31st March, 2011. Such absorption is with Rajarshi Shahu Maharaj Niwasi Apang Vidyalaya, Basmat, District Hingoli, run by Gramin Vidya Vikas and Prasarak Mandal, Dongargaon, Tq. Loha, District Nanded. 5) In view of these two affidavits, learned Counsel for the petitioner seeks withdrawal of this writ petition with liberty to make representations in terms of two prayers, i.e. Prayer clause 23-C and 23-D of the petition to the authorities concerned. Such representations to be made by the petitioner within a period of three weeks from today and the same shall be decided by District Social Welfare Officer, Group-A, Zilla Parishad, Hingoli, within a period of four months from the date of receipt of such representations, on their own merits. We are making it clear that prayer clause 23-B has been satisfied in view of the absorption of the petitioner. 4 6) It is pertinent to note that this Court was required to issue a bailable warrant, by order dated 30th August, 2010, which is self- explanatory. We are inclined to impose costs of Rs.5,000/- (Rupees five thousand), upon Mr. Umakant s/o Dattatraya Totawad, Child Development Project Officer, Additional charge of Social Welfare Officer, Zilla Parishad, Hingoli. The costs to be deposited in this Court on or before 27th September, 2010. The petitioner is at liberty to withdraw the amount of costs upon appropriate identification to the Registry. 7) With these observations, the petition stands disposed of with liberty in favour of the petitioner, as indicated above. (K.U.CHANDIWAL) (S.B.DESHMUKH) JUDGE JUDGE bdv/