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Bombay High CourtCP/658/2019disposed offdismissed for default

Hanmant Eknathrao Shinde v. The State Of Maharashtra And Others

2020-01-14Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Anil S. Kilor2 pages

917-cp658-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CONT. PETITION NO.658 OF 2019 IN WP/7822/2019 HANMANT EKNATHRAO SHINDE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr Bachate Pralhad D. AGP for Respondents State: Mr K N Lokhande

CORAM

: PRASANNA B. VARALE & ANIL S. KILOR, JJ.

DATE :

14th January, 2020 ORDER:

1.

Heard Mr. Bachat, learned counsel for the petitioner. 2.

The petitioner has approached this Court raising grievance of non compliance of the order of this Court dated 27th June, 2019 in Writ Petition No. 7822/2019. Copy of the order is placed on record at Exh.F. It would be necessary for us to refer to the relevant part of the order which is reflected in paragraphs 3 and 4, which read thus: "3. According to the petitioner, the transfer order was never issued to the petitioner and he was never communicated about his transfer.

4.

Till the next date status quo as on today be maintained."

3.

On a query to the learned counsel for the petitioner that as to whether the petitioner is still working in the same same school, the learned counsel Mr. Bachat was fair enough to admit that the petitioner is working in the same school i.e. Sadhana High School, Degular. It is

917-cp658-19 then Mr. Bachate, the learned counsel submitted that recently an order is passed by the Division Bench in Writ Petition No. 7822/2019 on 9th December,2019. Then it is submitted by Mr. Bachate that the petitioner is not being paid salary and that act of respondent society of not paying salary runs contrary to the order of this Court dated 09.12.2019. The petitioner is not coming before this Court raising any grievance of non compliance of the order dated 09.12.2019. Admittedly the order being passed on 09.12.2019 post filing of the contempt petition. As such this Court cannot expand the scope of the present contempt petition. The fact remains that the order of this Court dated 27.06.2019 is duly completed complied with. As such, we see no reason to entertain the present contempt petition.

4.

The contempt petition is accordingly disposed of. 5.

If the petitioner is having any grievance of non compliance of order dated 09.12.2019, he may take appropriate steps, if so adviced and needless to state that the writ petition itself is now posted for consideration on 24.02.2020.

(ANIL S. KILOR, J.) (PRASANNA B. VARALE, J.) JPC