Shri Bhaskar Govind Bhong And ORS v. The Chief Secretary, Transport And ORS

1/2 42-cp.551.2014 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.551 OF 2014 IN WRIT PETITION NO.1951 OF 2014 Bhaskar Govind Bhong and Ors.

...Petitioners.

v/s.

The Chief Secretary, Transport, State of Maharashtra and Ors.

...Respondents.

--- Ms.Indrayani M. Koparkar, for the Petitioners. Mrs.M.P.Thakur, AGP for Respondent Nos.1, 3 to 5. --- CORAM: A. S. OKA & REVATI MOHITE DERE, JJ.

DATED : 17th JUNE, 2015.

P.C.

1.

Perused the reply of Shri Rajesh J. Sarak, Assistant Regional Transport Officer, presently working as Deputy Regional Transport Officer, Kalyan (West), District - Thane.

2.

We have perused paragraph 3 of the said affidavit which refers to various orders passed on 15th September, 2014. The submission of the learned counsel for the petitioners is that the orders passed by the

2/2 42-cp.551.2014 authorities are not in conformity with the directions issued by this Court as well as the directions issued by the Appellate Authority. 3.

After having perused the said orders, we find that the orders are on merits.

4.

Suffice it to say that there is a substantial compliance made with the Judgment and Order of this Court in Writ Petition No.1951 of 2014. In this Contempt Petition, merits of the orders cannot be gone into. No case is made out of any willfull or deliberate breach of the order of this Court passed in Writ Petition No.1951 of 2014 and therefore, this is not a fit case to initiate proceedings under the Contempt of Courts Act, 1971. However, it will be open for the petitioners to challenge the orders passed by the Transport Authority in accordance with law. All contentions of the parties in that behalf are kept open.

5.

Subject to what is observed above, the petition is disposed of. (REVATI MOHITE DERE,J.) (A.S. OKA,J.)