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Shramik Mukti Sanghatana vs. The Tahsildar, Murbad & Ors.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION PUBLIC INTEREST LITIGATION NO.30 OF 2010
...Petitioner ...Respondents
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ALONG WITH PUBLIC INTEREST LITIGATION NO.40 OF 2010
...Petitioner ...Respondents
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Sadashiv Lokhande vs. Director of Food and Civil Supplies & Ors.
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ALONG WITH PUBLIC INTEREST LITIGATION NO.50 OF 2012
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Jagruti Kashtakari Sanghatna and others vs. The Tahsildar, Taluka Karjat, Raigad and others
...Petitioners ...Respondents
ALONG WITH PUBLIC INTEREST LITIGATION NO.111 OF 2013 Mrs.Maneesha Rote vs. Union of India
...Petitioner ...Respondent
ALONG WITH PUBLIC INTEREST LITIGATION NO.184 OF 2010 Shramik Mukti Sanghatana vs. Tahsildar, Murbad & Ors.
...Petitioner ...Respondents
Mr.Kranti L.C. i/b Ms Gayatri Singh for the ::: Downloaded on - 01/10/2014 08:45:25 :::
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petitioner in PIL Nos.30/2010, 50/2012, 184/2010 Ms Geeta Mulekar for respondent No.7 in PIL 30/2010 Ms K.R.Punjabi for respondent No.2 in PIL 40/2010 Ms Geeta Mulekar a/w Mr.N.D.Sharma for respondent No.5 in PIL 40/2010 Mr.D.A.Dubey for respondent No.5 in PIL 50/2010 Mr.Parag Vyas for respondent No.1 in PIL 111/2013 Mr.Parag Vyas and H.V.Mehta for respondent No.6 in PIL 184/2010 Mr.N.V.Gangal for respondent No.5 in PIL 184/2010 Mr.V.S.Gokhale, AGP for respondent No.1 to 6 in PIL Nos.30/2010, for respondent Nos.1 and 4 in PIL 40/2010, for respondent Nos.1 to 4 in PIL 50/2010, for respondent No.2 in PIL 111/2013 and for respondent Nos.1 to 4 in PIL 184/2010.
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ALONG WITH ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.85 OF 2014
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Movement For Peace and Justice vs. State of Maharashtra & Anr.
...Petitioner ...Respondents
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Mr.Kranti L.C. i/b Gayatri Singh for the petitioner None for the respondent Mr.Parag Vyas with Mr.H.V.Mehta for respondent No.2 CORAM : A.S.OKA, & G.S.KULKARNI, JJ. DATE : SEPTEMBER 24,2014 P.C.: 1
Heard the learned counsel for the petitioners
and the learned counsel representing the respondents. Considering the important issues raised in these petitions, the same require final hearing. Hence, we issue Rule. Concerned counsel who are representing various respondents today waive service.
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For the time being, the learned counsel for the
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petitioners is pressing for interim relief in terms
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of the clause (iii) of the prayer clause (f) of the Original Side PIL No.85 of 2014. As far as the said prayer clause is concerned, the learned counsel for the petitioners invited our attention to the statements made in the affidavit dated 26th August 2013 filed by the Principal Secretary of the
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Government of Maharashtra, Food, Civil Supplies and Consumer Protection Department, Mantralaya. He invited our attention to the averments made in
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paragraph 14 of the said affidavit which read this: “14 Meanwhile instructions of the Government
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of India for carrying out fresh Socio Economic Caste Census2011 in all rural as well as urban areas on uniform criteria were received in May 2011 itself. Thereafter,
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work of socioeconomic caste census 2011 commenced all over the State from 2nd October 2011. It is to be noted that for the first time this census is being conducted
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simultaneously in both rural and urban areas and based on uniform criteria. As informed by the RDD and UDD, the work of this census is now nearing completion and draft lists of the households based on it are likely to be notified by October 2013.” 3
He pointed out that the State Government has
not filed any material on record to show that on
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completion of census, as stated in paragraph 14,
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draft list of the households has been notified. It was to be notified in October 2013. He pointed out
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that the affidavit filed today only deals with the directions given in terms of paragraph 10 of the order of this Court dated 21st June 2013. 4
Rule on interim relief is made returnable on
17th November 2014. We direct the Principal
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Secretary to the Government of Maharashtra, Food, Civil Supplies and Consumer Protection Department to file additional affidavit setting out the progress
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made in Socio Economic Caste Census to which a reference has been made in paragraph 14, which we have quoted above. The affidavit will state whether
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the draft list of households based on the said census has been finalised and published. Such affidavit shall be filed on or before 5 th November
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2014. 5
The learned counsel for the petitioners invited
our attention to the order dated 5th September 2014 of this Court and especially the directions contained in paragraph 6 of the said order which read thus: “6
This information is evidently not
available on the centralised portal of the State Government, mahafood.gov.in. We find no reason or justification why the order of the Division Bench has not been complied with till date. Before we take recourse to
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the coercive arm of law against the State
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Government for non compliance, we give one final opportunity to ensure month to month
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compliance which shall be demonstrated before the Court on the next date of hearing.” 6
Today he has tendered across the bar a print
out of snapshot of centralised portal of the State
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Government Mahafood.Gov.in. He has pointed out that the said print out shows that even as of today, compliance with the said directions has not been
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made by the State Government. Clause (6) of the said order notes that final opportunity was granted to the State Government to implement the order dated
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24th November 2011 before recourse is taken to the coercive arm of law for non compliance. This non compliance is again noted in the order dated 30 th
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January 2014 of OS PIL no.85 of 2014. 6
Prima facie, it appears to us that that the
State Government has not complied with the said directions. Accordingly, we issue notice to the Principal Secretary to the Government of Maharashtra, Food, Civil Supplies and Consumer Protection Department to show cause as to why an action under Contempt of Courts Act,1971 shall not be initiated against him. Show cause notice is made returnable on 17th November 2014. (G.S.KULKARNI,J.)
(A.S.OKA,J.)
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