Nobert Selestin Desa And ANR. v. The State Of Maharashtra, Thr. The Secretary And ORS.

SMITA JOHNSON GONSALVES SMITA JOHNSON GONSALVES Date: 2022.01.20 15:19:23 +0530 sg 1/2

16. cp118-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.118 OF 2019 IN WRIT PETITION NO.3682 OF 2017 Nobert Selestin Desa And Anr.

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Petitioners v/s.

The State of Maharashtra, Thr. The Secretary And Ors.

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Respondents ....

Mr. Shubham Kanade, i/b. S.R. Ganbavale, for the Petitioners. Mr. N.C. Walimbe, AGP, for State.

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CORAM: NITIN JAMDAR & AMIT BORKAR JJ.

DATE : 19 JANUARY 2022.

(Through Video Conferencing) P.C:- Heard the learned Counsel for the parties.

2.

The contempt alleged by the Petitioners is of the order dated 27 April 2017 in Writ Petition Nos. 3681 and 3682 of 2017. By these petitions, the Petitioners had prayed that the Petitioners should be granted individual approval in respect of their appointments. The petitions were disposed of by directing the Education Officer to examine the pending proposal. The Court had expressed that it had

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16. cp118-19.doc not examined the petition on its own merits.

3.

The contempt petition was filed on 25 January 2019 making a grievance that no decision is taken and the order is not complied with. A reply affidavit is filed by Kiran Anant Lohar, Education Officer (Secondary), Zilla Parishad, Kolhapur on 5 December 2019 stating that the decision is taken on 9 October 2019 and it was communicated to the Petitioners. The Education Officer has tendered unconditional apology for the delay, which apology is also reiterated by the learned AGP on his behalf.

4.

Having considered the facts and circumstances of the case and in light of the fact that the order is complied with and unconditional apology is tendered, in this case, we do not find any warrant in proceeding further with the contempt jurisdiction. 5.

Contempt petition is accordingly disposed of. (AMIT BORKAR J.) (NITIN JAMDAR, J.)