Subhash Dhondiram Garibe v. Sayyed Khudus Sayyed And Another

136.18cp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.136 OF 2018 IN WRIT PETITION NO.10087 OF 2014 Subhash Dhondiram Garibe ..PETITIONER

VERSUS

Sayyed Khudus Sayyed & anr.

..RESPONDENTS Mr S. G. Rudrawar, Advocate for petitioner;

Mr A. N. Nagargoje, Advocate for respondents CORAM : PRASANNA B. VARALE AND R. G. AVACHAT, JJ.

DATE : 11th June, 2019 ORAL ORDER:

The notice was issued to the respondents by this Court on 27th February, 2018, making the same returnable on 27th March, 2019. By an order dated 6th July, 2015, passed by this Court in Writ Petition No.10087 of 2014, the petitioners were permitted to submit representation to the Deputy Director of Education and in turn, the Education Officer was directed to hear the petitioners and the respondent-management and to decide the representation within stipulated period of six months.

136.18cp (2) 2.

Perusal of the documents placed on record along with the present contempt petition show that the Education Officer had already decided the representation on 17th March, 2016 itself, thereby directing to fasten the liability of payment of salary on the management. 3.

It seems that under an erroneous belief and impression, the petitioner had approached this Court by filing present contempt petition seeking implementation of the order of the Education Officer. On appraisal of this fact, Mr Rudrawar, learned Counsel for the petitioner prays for withdrawal of the present contempt petition with liberty to avail the appropriate remedies in respect of the order passed by the Education Officer, dated 17th March, 2016. In view of above, the petition is allowed to be withdrawn and disposed of accordingly with liberty as prayed for. (R. G. AVACHAT, J.) (PRASANNA B. VARALE, J.) sjk