Bombay High Court
Prakash Bhagwat Shinde And Anr vs The State Of Maharashtra Through ... on 22 February, 2023
Author: Neela Gokhale
Bench: G.S. Patel, Neela Gokhale
907-ASWP-11703-2019+.DOC
Ashwini
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11703 OF 2019
Prakash Bhagwat Shinde & Anr ...Petitioners
Versus
The State of Maharashtra through Secretary ...Respondents
School Education Department & Ors
WITH
WRIT PETITION NO. 3902 OF 2021
Vishal Hansraj Yadav & Ors ...Petitioners
Versus
The State of Maharashtra through Secretary ...Respondents
School Education Department & Ors
Mr NV Bandiwadekar, Senior Advocate, with Vinayak Kumbhar,
ASHWINI
HULGOJI i/b AN Bandiwadekar, for the Petitioner.
GAJAKOSH
Mr RS Khadapkar, for Respondents Nos. 4 and 5.
Digitally signed
by ASHWINI
HULGOJI
GAJAKOSH
Mrs AA Purav, AGP, for the Respondent-State.
Date: 2023.02.23
10:50:14 +0530
CORAM G.S. Patel &
Neela Gokhale, JJ.
DATED: 22nd February 2023
PC:-
1. The recent events in this matter seem to us to be symptomatic of a larger problem. Mrs Purav, learned AGP has more than once Page 1 of 3 22nd February 2023 907-ASWP-11703-2019+.DOC sought instructions. She has had to seek time from the Court again and again, although there are Affidavits in Reply by both the School Education Department and the Urban Development Department. She has given us to understand that she has been told that "the issue" is being taken up at the government. When she called for further particulars and further instructions, she received none. She is evidently expected to repeatedly ask the Court for time resulting in embarrassment to herself and making it very difficult to proceed with the matter.
2. We cannot understand a situation where government at various levels complains about delays and we then find that the government itself is responsible for a significant part of these delays. It is pointless to blame the law officers who appear for the government. Our experience is to the contrary. When Government Pleaders have instructions and have Affidavits, they are always prepared and ready to continue with the cases and the hearings and to conduct the case according to the brief that is in their hands. They are, however, repeatedly impeded because instructions sought do not follow in time and sometimes do not follow at all.
3. Our last order was on 30th January 2023. Mrs Purav sent out an email seeking instructions on 3rd February 2023. She received no information. Then on 15th February 2023 we stood the matter over for passing orders. Immediately thereafter, on 18th February 2023, Mrs Purav again wrote to both departments by email, requesting that a senior responsible officer be deputed to give para wise instructions and to draft and file a further Reply. She also made it a Page 2 of 3 22nd February 2023 907-ASWP-11703-2019+.DOC point to say that if instructions were not received then the Court might impose costs on the authority concerned, for which the office of the Government Pleader would not be responsible. We heartily welcome the suggestion. We now propose to implement it.
4. This is a final opportunity not to Mrs Purav but to the officers in Urban Development Department and School Education Department and Sports Department. We are keeping the matters for orders on the supplementary board on Friday, 24th February 2023. We are making it clear that if Mrs Purav tells us that she has no further instructions then we will proceed on the basis of the Affidavits filed and we will also consider imposing costs on both departments for their failure to give Mrs Purav instructions.
(Neela Gokhale, J) (G. S. Patel, J)
Page 3 of 3
22nd February 2023