Mr. Parshuram Janardhan Koli v. Shri Krishna Gaikwad And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.5 OF 2016 IN WRIT PETITION NO.10740 OF 2015 ...

Mr. Parshuram Janardhan Koli ....Petitioner V/S Shri Krishna Gaikwad & Ors.

....Respondents ...

Mr. Sharique Nachan I/b M/s. Judicare Law Associates for the Petitioner. A.M. Kulkarni, Panel 'A' Counsel and Ms. P.N. Diwan, AGP for the Respondents/State.

CORAM : A.A. SAYED & A.K. MENON, JJ.

DATE : 26 NOVEMBER 2018.

ORDER:

The Contempt Petition alleges breach of the directions contended in para 4 of the order dated 28 October 2015 passed in Writ Petition No.10740 of 2015. Paragraph 4 of the said order dated 28 October 2015 reads as follows:

"4.

By way of interim relief, we direct that if the fresh applications for grant of licence made by the petitioners and persons whose names appear at Exhibit-F1 are pending, the same shall be decided within a period of one month from today without being influenced by and without relying upon the directions issued by Hon'ble the Deputy Chief Minister on 3rd August, 2012."

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k 2/2 9 cp 5.16 as.doc The fresh Application for grant of licence was accordingly made by the Petitioner and the same was decided on 26 November 2015. The said decision dated 26 November 2015 does not make any reference to the directions of the Deputy Chief Minister dated 3 August 2012. We are informed by the learned Counsel for the Respondents/State that a Notification has now been issued on 5 February 2016 (page 167 to the Petition) which sets out the policy decision in respect of the grant of licences. The said Notification has been challenged by the Contempt Petitioner by filing Writ Petition No.9327 of 2016. In the circumstances, we find that this is not a fit case for action of contempt. Consequently, the Contempt Petition is dismissed.

(A.K. MENON, J.) (A.A. SAYED, J.) katkam 2/2