Shramik Janata Feriwala Sanghatana And ANR v. The State Of Maharashtra Thr. The Principal Secretary And ORS.

16-CPST-652-18.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION (ST.) NO. 652 OF 2018 Shramik Janata Feriwala Sanghatana & Anr.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

---------- Mr. S.S. Pakale, i/by Mr. Shakar M. Katkar, for the Petitioners. Mrs. R.A. Salunkhe, AGP, for the Respondent No. 1-State. ---------- CORAM :

ABHAY S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE : 2 April 2018 ORDER :

1.

The breach alleged is in respect of the directions contained in paragraph 9 of the order dated 16 December 2016. There is no specific averment in the Contempt Petition that a list 1 / 2 April 2, 2018

16-CPST-652-18.doc of 81 vendors was submitted by the Petitioners on a particular date along with a particular covering letter. Perusal of Advocate's letter dated 23 November 2017 (Exh.B to the Petition) shows that there are vague assertions made that a copy of the said order of this Court along with a list of 81 hawkers was submitted to the Municipal Corporation.

2.

Therefore, as of today, no case is made out to initiate an action under the Contempt of Courts Act, 1971, as it cannot be said that the concerned Respondent has committed a breach of the order dated 16 December 2016.

3.

Accordingly, the Contempt Petition is disposed of. However, if the Petitioners have not submitted the list of 81 vendors, the Petitioners are free to do so.

[RIYAZ I. CHAGLA J.] [ABHAY S. OKA, J.] 2 / 2 April 2, 2018