1502cp3.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CONTEMPT PETITION NO. 3 OF 2011 IN WRIT PETITION NO. 716 OF 2010 (D) Balapur Minority Education and Social Welfare Society :: PETITIONER -: Versus :- Sanjay Kumar, Principal Secretary :: RESPONDENT ------------------------------------------------------------------------------------------------ Shri A. I. Sheikh, Advocate for the petitioner. Shri A. M. Deshpande, A. G. P. for the respondent. ------------------------------------------------------------------------------------------------ CORAM: R. K. DESHPANDE, J. DATED: 15TH FEBRUARY, 2011. ORAL ORDER : 1. This contempt petition complaints about willful disobedience/breach of order dated 04/8/2010 passed by the Division Bench of this Court in Writ Petition No. 716 of 2010. The complaint is that, although this Court had directed respondent No.1 to decide the application in accordance with law within a period of four weeks after the receipt of the same and to communicate the decision in writing to the petitioner, the same has not been done. 2. On 17/01/2011, when this matter was listed before this Court, the 1502cp3.11.odt 2/2 learned A. G. P. was directed to take instructions and file an affidavit. Accordingly, an affidavit of the Principal Secretary to Government School Education and Sports Department, Mantralaya, Mumbai, dated 25/01/2011 has been filed. In the affidavit it is stated that the application of the petitioner has been decided on 05/01/2011. It is submitted that the order was not passed within the period stipulated by the Court in the order dated 04/8/2010, due to inadvertence. For this purpose, an unconditional apology is also been tendered. In view of this, I do not find that any case has been made out to proceed with the present contempt petition. However, the learned Counsel for the petitioner has submitted that it is only after the contempt petition has been filed, that decision has been taken by the State Government. The petitioner has been constrained to approach this Court and for that purpose he submits that costs of Rs. 2000/- be awarded upon the respondent. 3. In view of the above, contempt proceedings are dropped. However, the respondent shall pay costs of Rs. 1,500/- (rupees one thousand five hundred only) to the petitioner, within a period of eight weeks from today. The learned A. G. P. to communicate this order to the respondent. JUDGE WWL