National Education Welfare Society Bodwad Through Its President Rizwan Khan Gulsher Khan Pathan v. Devidas Pandit Mahanaj

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CONT. PETITION NO. 350 OF 2018 IN WP/11388/2017 NATIONAL EDUCATION WELFARE SOCIETY BODWAD THROUGH ITSPRESIDENT RIZWAN KHAN GULSH

VERSUS

DEVIDAS PANDIT MAHANAJ ...

Advocate for Petitioner : Mr. Sangeet L.V.

---- CORAM : S.V.GANGAPURWALA AND SUNIL K.KOTWAL, JJ.

DATE : JUNE 7, 2018 O R D E R :

Heard Mr. Sangeet, learned counsel for the petitioner. It is submitted that the authority, without application of mind, has decided the proposal and rejected it. This Court had directed the respondent to decide the proposal in accordance with law and policy. The authority has not applied its mind to the legal position.

2.

The question of contempt would arise if the authority acts in an wanton, deliberate and willful

cp350.18 manner, thereby flouting the orders of the Court. 3.

The authority has decided the proposal and rejected it. According to the petitioner, the order may be erroneous, however, the same would not mean that the contempt has been committed. The petitioner has right to assail the order, in case he is aggrieved by the order, but in such a case, it cannot be said that the authority has committed contempt. 4.

In view of that, the contempt petition is disposed of. No costs.

[SUNIL K.KOTWAL, J.] [S.V.GANGAPURWALA, J.] dbm