Rohidas Dadasaheb Gite v. Agricultural Produce Market Committee, Pathardi And Others

CP/455/2013

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 455 OF 2013 IN WP/1759/2012 ROHIDAS DADASAHEB GITE

VERSUS

APMC, PATHARDI AND OTHERS ...

Advocate for Petitioner : Shri Dhage Hemant U Advocate for Respondent 2 : Shri Badakh Vishal S. Advocate for Respondent 3 & 22 : Shri Temkar R.K. Advocate for Respondent 24 : Shri Nangre P.R. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: February 26, 2015 ...

PER COURT :- 1.

Shri Dilip Ranganath Tijore - respondent No.24, has filed his affidavitin-reply, who is the Administrator of APMC, Pathardi - respondent No.1, on 24.2.2015, pursuant to the order passed by this Court on 17.2.2015. Today, he is personally present in the Court. He has tendered his unconditional apology in his affidavit.

2.

Shri Tijore has explained in the affidavit that he was appointed as an Administrator on 13.9.2013. By an interim order, dated 19.9.2013 in Writ Petition No.7446 of 2013, the learned Division Bench of this Court had restrained him from taking any major policy decision, having a financial impact. Finally, on 2.2.2015, by the order of the learned Division Bench, Writ Petition No.7446 of 2013 was disposed off and the challenge to the appointment of Shri Tijore, as an Administrator, was rejected.

CP/455/2013 3.

In the above fact situation, Shri Tijore, on the one hand has tendered an apology and on the other hand has also explained as to how he was precluded from taking any decision till 2.2.2015. He has also stated that the reinstatement of the petitioner would have had a financial impact, in view of the decision of the Honourable Minister dated 10.10.2011, coupled with the decision of the Director of Marketing, dated 26.2.2010, since the petitioner was to be reinstated along with consequential financial benefits. 4.

In the light of the above, I find that Shri Tijore has not dis-obeyed the order passed by this Court dated 25.7.2013 in Writ Petition No.1759 of 2012.

5.

Shri Tijore has further stated that by the passing of the order dated 2.2.2015 by the learned Division Bench, there is no difficulty in complying with the order of the Honourable Minister dated 10.10.2011 and the order of the Director of Marketing dated 26.2.2010. The petitioner would therefore, be reinstated as expeditiously as possible and preferably within three weeks from today.

6.

By recording the said statement, this petition is disposed off. ( RAVINDRA V. GHUGE, J. ) ...

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