Yogeshchandra Shantaram Bhoir And ORS. v. The Union Of India, Thr. The Under Secretary And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION ST. NO. 4420 OF 2018 Yogeshchandra Shataram Bhoir and Others.

..Petitioners.

Versus

The Union of India & Others.

..Respondents.

Ms. Yogita Deshmukh for the Petitioner.

Mr. T. J. Pandian for Respondent No. 1 to 3.

Coram : Ranjit More & Smt. S. S. Jadhav, JJ.

Date : April 12, 2018.

P. C. :

1.

The contempt petition is filed alleging breach of the order dated 7th July 2017 passed in Writ Petition No.4655 of 2017. By the said order, the Petitioner was granted liberty to submit representation before Respondent Nos.2 and 3 and consequently Respondent Nos.2 and 3 were directed to decide the said representation within three months timeframe. 2.

The Petitioner, accordingly on 18th July 2017, filed representation with Respondent Nos.2 and 3 and since this representation was not decided in the timeframe given by this Court in the order dated 7th July 2017, the Petitioner has approached this Court by way of present contempt petition.

3.

Admittedly, during the pendency of contempt petition, on 10th April 2018 Respondent Nos.2 and 3 have decided the said representation of the Petitioner by passing speaking order. Copy of the said order is placed on record. Though there is some delay in complying with the order of this Court passed in Writ Petition No. 4655 of 2017, the said delay does not seem to be wilful. We are, therefore, patilsr 1 / 2

not inclined to proceed against Respondent Nos. 2 and 3. Since the order in respect of which the breach was alleged, is complied with, we dispose of this contempt petition. We, however, make it clear that the Petitioner is always at liberty to challenge the order dated 10th April 2018 passed by Respondent No.2 by filing independent proceedings as may be permissible in law.

[Smt. S. S. JADHAV, J.] [RANJIT MORE, J.] patilsr 2 / 2