Laxman Jairam Gore v. The State Of Maharashtra And Others

1 CP - 350-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 350 OF 2017 IN WRIT PETITION NO. 2790 OF 2016 Laxman Jairam Gore .. Petitioner VS.

The State of Maharashtra and ors.

.. Respondents ---- Mr. A.N. Nagargoje, Advocate i/b. Mr. V.S. Panpatte, Advocate for the petitioner Mrs. A.V. Gondhalekar, A.G.P. for the respondent/State ---- CORAM : S.C. DHARMADHIKARI & MANGESH S. PATIL, JJ.

DATE : 12-06-2017 ORAL ORDER :

1.

After having heard the petitioner's advocate at some length, and perusing the order dated 01/12/2016 passed in writ petition no. 2790 of 2016, we find that as far as the first grievance and with regard to the action which was not initiated though the persons concerned and entrusted with public funds appear to have misconducted themselves, the Division Bench, relying upon an affidavit-in-reply, and, particularly, the statements recorded in paragraph 7 to 11 thereof, held that the grievance of the petitioner is redressed.

2 CP - 350-2017 2.

There is no direction, order, decree or writ which has been issued and based on which a contempt action can be founded, if that is willfully disobeyed.

3.

As far as other grievance, namely, defect in laying out drainage line is concerned, there as well, if the petitioner's private / personal grievances survive and against the Gram Panchayat, then the petitioner would have to adopt appropriate proceedings in a competent Court. That as well can not be made foundation for a civil contempt action.

4.

In such circumstances, this Contempt Petition is entirely misconceived. It is dismissed.

[MANGESH S. PATIL] [S.C. DHARMADHIKARI] JUDGE JUDGE arp/