Juhu Nagar Feriwala Sanghatana And ANR v. The State Of Maharashtra, Thr. Principal Secretary, Dept. Of Urban Develpmen And ORS

36 cp 250-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CONTEMPT PETITION NO. 250 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders None for the Petitioner Ms. N.M. Mehra, AGP for the Respondent No.1.

Mr. Sandeep Marne for the Respondent No.3.

CORAM : A.S.OKA & SMT. VIBHA KANKANWADI, JJ.

DATE : 21th JULY, 2017 P.C.:

.

Breach alleged in this Contempt Petition is of the ad-interim order dated 24th June 2016 in Writ Petition No. 7147 of 2016. The Writ Petition No. 7147 of 2016 has been dismissed on merits by another Division Bench by Judgment and Order dated 23rd August 2016. It is held by the Division Bench that the Petitioners could not establish that members of the first Petitioner were carrying out business at Sant Tukaram Marg, Vashi since 01st May 2014. It was held that therefore, the members of the first Petitioner cannot be protected under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

Sneha Chavan 1/2

36 cp 250-16=.doc After rejection of the Writ Petition, in our view, action under the Contempt of Courts Act, 1971 for the alleged breach of the ad-interim order passed in the petition, ought not to be initiated.

Accordingly, Contempt Petition is disposed of. (SMT. VIBHA KANKANWADI, J.) (A.S.OKA, J.) Sneha Chavan 2/2