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Bombay High CourtCP/345/2014disposed off

Shri Madne Jayprakash Vishwanath v. Shri Chandrakant Shivshankar Mhetri And ANR

2017-08-22Hon'Ble Shri Justice Prasanna B. Varale2 pages

cp345­14.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.345 OF 2014 WITH WRIT PETITION NO.10395 OF 2013 Shri. Madne Jayprakash Vishwanath

...Petitioner

vs Shri. Chandrakant Shivshankar Mhetri And Ors.

...Respondents

.....

Mr. Rajaram Deshmukh, for the Petitioner.

Mr. Surel S. Shah, a/w. Mr. Swaroop Karande, for Respondent No.1. ......

CORAM : PRASANNA B. VARALE, J.

DATED: 22 AUGUST, 2017 P.C. :

.

Learned Counsel for the Petitioner, on instructions, submits that the Petitioner challenged the order of the learned Presiding Officer, School Tribunal, Pune Region, Solapur dated 7 September 2013 in the present petition, i.e. Writ Petition No.10395 of 2013. The Counsel then submitted that by order dated 11 October 2013, the order passed by the Presiding Officer, School Tribunal was stayed. Learned Counsel then submitted that though there was a stay order passed in favour of the Petitioner, by communication to the Assistant Commissioner, Social Welfare Officer, Solapur, it was informed that in response to an oral order, the charge of the post of Head Master was handed over to Respondent No.1. Learned Counsel submits that being aggrieved by the fact of handing over charge to Respondent No.1, the Petitioner had Pg 1 of 2

cp345­14.doc approached this Court by filing the contempt petition. Learned Counsel submits that during the pendency of the petition, the Petitioner is appointed as a teacher in one Samta Secondary Ashram School at Satara. Learned Counsel further submits, on instructions, that the recognition granted to run the primary and secondary school, namely, Shri. Parmeshwar Primary and Secondary Ashram School, Kamthi Khurd, Tal. Mohol, District Solapur, is withdrawn. Learned Counsel submits that in view of these peculiar facts, the petition has been rendered infructuous so as the contempt petition. In view of the statement made by learned Counsel on instructions, the petition as well as Contempt Petition No.345 of 345 of 2014 is disposed of.

( PRASANNA B. VARALE, J. ) Pg 2 of 2