1 CA2790/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2790 OF 2011 in Writ Petition No. 1823 of 2007 The President, Tadavi Bhilla Aadivasi Samaji Vikas Kalyan Mandal, Jalki Bazar & another Applicants V E R S U S The State of Maharashtra and others Respondents Mr. A.S. Barlota, holding for Mr. S.K. Barlota, for the applicants Mr. N.H. Borade, AGP for respondents / State Mr. S.T. Veer, for petitioner in W.P. CORAM : A.V. NIRGUDE, J. DATED : 5th April, 2011 ORAL ORDER : 1. Heard. 2. This Civil Application is moved by respondent Nos. 5 and 6, in Writ Petition No. 1823 of 2007. The relief sought in the civil application is quite peculiar. The brief background of this civil application, is as under : 3. Writ Petition No. 1823 of 2007 challenged the Judgment and order dated 7th October, 2006, passed by the Additional Commissioner, Tribal Development, Amrawati to the extent of discarding the reinstatement claim of the petitioner for the post of Assistant Teacher in the school run by respondent No.5. The petitioner sought reinstatement. Along with the petition, the petitioner took out Civil Application No. 7737 of 2008 and sought a direction from this Court requiring respondent Nos. 5 and 6 to deposit Rs. 1,52,995/- as arrears of the back wages. At interim stage, on 8th January, 2 CA2790/11 2010, this Court directed respondent Nos. 5 and 6 to deposit the amount (without specifying the exact figure) payable to the petitioner in this Court within a period of four weeks, and in case the amount is not deposited, the grants payable to the school should be withheld until further order. On 22nd February, 2010, respondent Nos. 5 and 6 entered their appearance through their Advocate. The Court allowed them time to file affidavit-in-reply, but further warned, if they did not provide proper justification for non-compliance of the order of the Court, suitable action would be taken against them. On 3rd January, 2010, despite earlier order, respondent Nos. 5 and 6 and their Advocate remained absent. On 3rd March, 2010, the petitioner informed the Court that the amount payable to him is not paid to him by respondent Nos. 5 and 6. This Court, therefore, directed the Government to stop the annual grants payable to respondent Nos. 5 and 6 without the leave of the Court. The Court further directed respondent Nos. 5 and 6 to appear before the Court on 30th March, 2010 with an explanation as to why there was no compliance of the direction. Thereafter, on 22nd December, 2010, ultimately, respondent Nos. 5 and 6 deposited paltry sum of Rs.26,250/- in the Court in partial compliance of the order passed by this Court. Again on 12th January, 2011, respondent Nos. 5 and 6 were permitted to deposit Rs.50,000/-. Thereafter, on 31st January, 2011, respondent Nos. 5 and 6 deposited sum of Rs.50,000/- in the Court. Thus, they deposited total sum of Rs.76,250/- in the Court. Respondent Nos. 5 and 6 have not deposited the claim amount of Rs. 1,52,995/- in the Court and despite that they filed the present civil application seeking withdrawal of the earlier order passed by this Court for withholding 3 CA2790/11 disbursement of their annual grant. 4. I heard the submissions of the learned Advocates appearing for the petitioner, respondent Nos. 5 and 6 as well as the submissions of the learned A.G.P. Respondent Nos. 5 and 6 are trying to mislead the Court for getting the order of withholding annual grants set aside. It is seen from the above narration that respondent Nos. 5 and 6 have willfully avoided to deposit the amount, as directed by this Court. Civil Application No. 7737 of 2008 is still pending. I am, therefore, imposing costs of Rs.50,000/- on respondent Nos. 5 and 6. I am further directing them to deposit remaining amount of Rs.76,740/- in the Court. ORDER 1. Respondent Nos. 5 and 6 shall deposit costs of Rs. 50,000/- + Rs.76740/- (remaining amount) (Total Rupees 1,26,740/-) in this Court on or before 5th May, 2011. In case of failure to do so, present civil application stands dismissed. In case the amounts are deposited as directed the earlier order of the court withholding the annual grants shall stand withdrawn. 2. In view of this order, Civil Application No. 7737 of 2008 stands allowed. ( A.V. NIRGUDE, J. ) SRM/ca/2790/11/5/4/11/ok