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Bombay High CourtCP/97/2015disposed offdismissed for default

Ashok Sayajirao Golhar v. Shri. Sudhakar Banate Deputy Director Of Education Aurangabad Division

2015-07-06Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice A. I. S. Cheema2 pages

97.15cp FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CONT. PETITION NO. 97 OF 2015 ASHOK SAYAJIRAO GOLHAR

VERSUS

SHRI. SUDHAKAR BANATE DEPUTY DIRECTOR OF EDUCATION AURANGABAD DIVISION ...

Advocate for Petitioner : Mr.Shaikh M.S. hf/ Mr.Deshmukh Sachin S.

AGP for Respondents: Mr.S.D. Kaldate.

...

CORAM : S.S. SHINDE & A.I.S. CHEEMA, JJ.

Dated: JULY 06, 2015 ...

The learned APP has tendered across the Bar a copy of the communication written by the Deputy Director of Education, Aurangabad Region, Aurangabad to the Education Officer (Secondary), Zilla Parishad, Beed. The same is taken on record and marked as "X". Upon perusal of the said communication, it is abundantly clear that the representation of the petitioner dated 12th August, 2013 has been decided by the respondent authority and decision has been taken on the said representation.

It is true that the said representation was directed to be decided within

97.15cp three months. However, the same is not decided within the stipulated period.

The Supreme Court in case of Suresh Chandra Poddar vs. Dhani Ram and others [(2002) 1 SCC 766] has taken a view that even where the order of court is complied with, subsequent to receipt of notice of contempt, court should show judicial grace and magnanimity in dealing with action for contempt.

In that view of the matter, contempt petition stands disposed of. Notice stands discharged. In that view of the matter, contempt petition is disposed of.

(A.I.S. CHEEMA, J) (S.S. SHINDE, J) kadam/