Senu Ananda Bhoi v. Devidas Bhikaji Mahale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 231 OF 2015 IN WRIT PETITION NO. 3080 OF 2013 Senu Ananda Bhoi ..PETITIONER

VERSUS

Devidas Bhikaji Mahale ..RESPONDENT ....

Mr. L.V. Sangit, Advocate for petitioner.

Mr. D.B. Shinde, Advocate holding for Mr. H.A. Patankar, Advocate for respondent.

....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 11th MARCH, 2016 ORDER :

1.

The original record which was deposited with the Joint Charity Commissioner, Nashik is presently in the custody of the learned AGP.

2.

This Court by its order dated 02.07.2014 in Writ Petition No. 3080/2013, after considering the submissions of the petitioner, had passed the following order in paragraph no.6 :- 1 / 3

"6.

As such, the order impugned in the petition dated 22nd March, 2013, an unreasoned one, is not sustainable in the eyes of law, and as such, same is quashed and set aside.

The Joint Charity Commissioner, Nashik, is directed to return the original record to the present petitioner upon verifying the Photostat copies of the same submitted by the petitioner on the record or in alternate, can direct the present petitioner to produce Photostat copies of the said original record by appropriately certifying the same by the petitioner."

3.

The learned Counsel appearing on behalf of the respondent who is Joint Charity Commissioner, Nashik submits that as the petitioner has deposited the entire record in Photostat copies and since such a specific statement has been made in the memo of the petition, the original record as directed by this Court vide its order dated 02.07.2014 can be handed over to the petitioner through the learned AGP.

4.

The concerned record which has been preserved by the learned AGP is handed over to the petitioner before this Court and 2 / 3

in the presence of Mr. Sangit, learned Counsel for the petitioner and Mr. Shinde, learned Counsel holding for Mr. Patankar, learned Counsel for the respondent.

5.

Considering the above, Mr. Sangit submits on instructions from the petitioner who is present in the Court that he does not wish to proceed with this contempt petition as he has received the entire original record and is satisfied. He submits that this petition can be disposed off.

6.

In the light of the above, this petition stands disposed off. (RAVINDRA V. GHUGE, J.) 3 / 3