Mr Brahm Pal Singh v. Union Of India, Thru. The Secretary And ORS

Priya 1 901 cp 61-17-c

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 61 OF 2017 IN WRIT PETITION NO.7535 OF 2012 Mr. Brahm Pal Singh ... Petitioner V/s.

Union of India and ors.

... Respondents --- Mr.Advait Sethna with Ms. R.R.Thakker for the Petitioner. Mrs.Neeta V. Masurkar with Mr. Rui A. Rodrigues for Respondent Nos. 1 to 3.

--- CORAM : SHANTANU KEMKAR AND G.S.KULKARNI, JJ.

DATE : NOVEMBER 30, 2017.

P.C. :

.

This Contempt Petition has been filed alleging non-compliance of the order dated 12th January, 2016, which has been passed by the Division Bench of this court in Writ Petition No.7535 of 2012. 2.

The Respondents have filed reply.

3. The learned counsel for the Petitioner submits that the order in pursuance to the directions issued by this Court has been passed beyond the time fixed by this court and that before passing the said order no opportunity of hearing has been given to the Petitioner.

Priya 2 901 cp 61-17-c

4. On the other hand, the learned counsel for the Respondents submits that there was administrative difficulties and as such there was some delay in passing the order. She further submits that as regards the opportunity of hearing to the Petitioner before passing the order, there was no direction to that effect in the order dated 12th January, 2016. She also submits that a detailed order stating the reasons for rejection of the Petitioner's representation has been passed and as such there is compliance of the directions issued by this court.

5. Having considered the submissions made by the learned counsel for the parties as also the explanation offered for delay in passing the order, we are of the considered view that no contempt is made out.

6. In the circumstances, we dispose of this Contempt Petition, however, with liberty to the Petitioner to challenge the order dated 12th January, 2016, by way of appropriate proceedings. (G.S.KULKARNI,J.) (SHANTANU KEMKAR,J.)