Bharat Shamrao Tikte v. Jai Jawan Jai Kisan Shikshan Sanstha, Anala And Others

C.P.No.531/2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CONTEMPT PETITION NO.531 OF 2013 IN WRIT PETITION NO.2992 OF 2013 Bharat s/o Shamrao Tikte ..Petitioner

Versus

Jai Jawan Jai Kisan Shikshan Sanstha, Anala, Taluka Paranda District Osmanabad, through its Secretary and ors.

..Respondents Mr Dhananjay Mane, Advocate for petitioner Mr A.G.Talhar, Advocate for respondents No.1 and 3 CORAM : SUNIL P.DESHMUKH, J.

DATE : 3rd February 2015 PER COURT 1.

After hearing the parties for some time, it transpires that the contempt petitioner, according to respondent-Management, has been paid a sum of Rs.7,26,000/- pursuant to the orders of this Court dated 2nd September 2013 in Writ Petition No.2992 of 2013. The petitioner has already received a substantial portion of amount and an amount of Rs.1,96,000/- is yet to be withdrawn by him. Thus, it appears, the orders passed by this Court have been substantially complied with. The contempt proceedings, as such, are not being proceeded further and stand dropped.

2.

The petitioner further purports to contend that said amount may not represent the subsistence allowance as per the rules. As such, the dispute is regarding calculation of amount of subsistence allowance. Accordingly, the Education Officer (Secondary), Zilla Parishad,

C.P.No.531/2013 Osmanabad, may look into the calculations involved in the matter. The contempt proceedings, as such, are not being proceeded further and stand dropped.

3.

The amount, if any, lying in the Court deposited by the respondent-Management be allowed to be withdrawn by petitioner. 4.

Mr Talhar, learned counsel for respondent - Management, at this stage, submits that a demand draft of Rs.96,000/- had been sought to be deposited with the Registry of this Court, however, the same has not been accepted by the Registry. He further states that the amount of Rs.96,000/-, under the same has already been paid in cash to the petitioner.

5.

In view of aforesaid, Mr Talhar requests that the demand draft be directed to be returned to the respondent - Management. The request appears to be reasonable. As such, demand draft of Rs.96,000/- lying with the Registry be returned to the respondent - Management.

6.

It may be noted that the return of demand draft has no concern with the amount lying with the Registry, which according to the petitioner, is Rs.1,96,000/-.

7.

Contempt Petition stands disposed of.

( SUNIL P.DESHMUKH, J.) vvr