Abluk Hiraji Ghuge v. The State Of Maharashtra And Others

( 1 ) 6 cp 321.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 6 CONT. PETITION NO. 321 OF 2017 IN PIL/145/2013 ABLUK HIRAJI GHUGE

VERSUS

THE STATE OF MAHARASHTRA AN ...

Advocate for Petitioner : Mr. Ghute Suhas B.

AGP for Respondents: Mr. S.G. Karlekar ...

CORAM : S.C. DHARMADHIKARI & MANGESH S. PATIL, JJ.

DATE :

03.07.2017.

P.C. :- .

Having heard the petitioner's advocate, we do not think that we can proceed in contempt jurisdiction, we do not think that a case of contempt is made out merely because an undertaking to complete a water supply scheme is not abided by the statutory authorities. There are several agencies and who have to work and function in coordination. At the root of all this is a provision of public funds. That the funds are released not as assured but in installments and get diverted to some other pressing needs does not mean that there is a willful disobedience or a deliberate attempt to wriggle out of the undertaking given to this Court. In writ jurisdiction as well as in contempt jurisdiction it is difficult for this Court to ensure that a water supply scheme becomes functional

( 2 ) 6 cp 321.17 within a time frame.

2.

In the circumstances, we find no merit in the petition and it is dismissed.

[MANGESH S. PATIL, J.] [S.C. DHARMADHIKARI, J.] mub