Mahendra Kanhaiyalal Jain v. Sanjay Kapadnis And Others

{1} CP 263.15.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.263 OF 2015 IN WRIT PETITION NO.5853 OF 2014 Mahendra Kanhaiyalal Jain Petitioner

Versus

Sanjay Kapadnis & others Respondents Mr.K.C. Sant advocate for the petitioner Mr.S.G.Karlekar, AGP for Respondent State ___________ CORAM : R.M. BORDE & P.R. BORA, JJ Dated : 17th JUNE, 2015.

PER COURT :- The instant Contempt Petition is presented, complaining non-observance of the directions issued by this Court on 4.2.2015. While disposing of the Writ Petition, this Court has directed the Municipal Authorities to consider the representation tendered by the petitioner and take appropriate action, if warranted, after extending opportunity of hearing to the party concerned. Petitioner's grievance is that he has not been heard. In our view, consideration of the representation itself is sufficient observance of the principles of natural justice and there was no contemplation to offer personal hearing to the petitioner. Even otherwise, the

{2} CP 263.15.odt resultant order passed by the Municipal Authorities is subjected to challenge in a separate petition, presented by the petitioner, of which cognizance is taken by this Court.

In view of above, we are of the view that the instant contempt petition need not be entertained. Contempt petition as such stands disposed of.

(P.R. BORA, J) (R.M.BORDE, J) vbd