Madhuri Shrikrishna Kulkarni v. Chandrakant Hari Badhe And Others

{1} cp30916.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.309 OF 2016 IN WRIT PETITION NO.4915 OF 2015 Madhuri d/o Shrikrishna Kulkarni Petitioner

Versus

Chandrakant Hari Badhe & others Respondents Mr.M.M.Bhokarikar, advocate for the petitioner. Mr.Vijay Patil, advocate for Respondent No.2. Mr.M.S.Sonawane, advocate for Respondent No.3. Mr.M.I.Kale, advocate for Respondent No.5.

CORAM : R.M.BORDE AND A.M.DHAVALE, JJ.

DATE : 02nd August, 2017.

P.C. :

The petitioner is alleging violation of the directions issued by this Court while disposing of Writ Petition No.4959 of 2015, decided on 23rd October, 2015.

This Court, while disposing of the writ petition, directed Respondent No.3- Education officer (Primary), Zilla Parishad, Jalgaon, to take decision on the representation tendered by the petitioner, within specified time. It is contended that the Education Officer has not yet decided the representation.

Copy of the representation is neither produced on record nor the petitioner is in a position to explain as to what is the matter recorded in the representation and what prayer is made and as to what

{2} cp30916.odt decision is expected from the Education Officer, etc. It is informed by the learned Counsel for Respondents that the proposal for relaxation of age for appointment is tendered with the higher authorities and same is pending. The subject matter is not within the purview of powers of the Education Officer (Primary).

Thus, there does not appear to be willful disobedience on the part of the Education Officer (Primary) in not complying with the directions issued by this Court. Even otherwise, the petitioner claims that the School Tribunal has passed orders in favour of the petitioner which can be executed by the petitioner by approaching appropriate forum. Since no willful disobedience of orders passed by this Court, on the part of Respondent No.3, has been reported, there is no need to take cognizance of instant Contempt Petition.

Contempt Petition stands disposed of. Notice issued earlier stands discharged.

A.M.DHAVALE R.M.BORDE JUDGE JUDGE adb/cp30916