Laxmanrao Eknathrao Manal And Others v. Balu Ananda Chopde And Another

1 Sr38 CP710.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CONTEMPT PETITION NO. 710 OF 2017 IN WRIT PETITION NO. 2074 OF 2017 Laxmanrao S/o Eknathrao Manal & Ors.

... Petitioners

VERSUS

Balu S/o. Ananda Chopde & Ors.

... Respondents ..........

Mr Sushant V. Dixit, Advocate for the petitioners Mrs Vaishali N. Patil-Jadhav, AGP for respondent/State .............

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 20TH FEBRUARY, 2018.

ORDER:

1.

Heard learned counsel for the respective parties. 2.

According to the petitioner, the respondent no. 2 has committed contempt of the order of this Court dt. 15.03.2017 passed in Writ Petition No. 2074 of 2017 along with Civil Application No. 3715 of 2017. The learned counsel for the petitioner submits that, this Court in para 11 of the said order had observed that, in case the University approves the proposal of the petitioner No. 2, then that order would supersede the impugned order. The impugned order

2 Sr38 CP710.2017 was granting approval as an I/c. Principal to one Dr. Lihinar. The learned counsel submits that, on 29.05.2017, the approval was granted to petitioner no. 2. In view of that, the order of approval in favour of Dr. Lihinar got superseded. Subsequently, the respondent stayed the approval granted to petitioner no. 2, however, that stay could not have revived the approval in favour of Dr. Lihinar. The respondent committed contempt of the order dt. 15.03.2017. 3.

We have heard Shri. Chapalgaonkar, the learned counsel for the respondents. The respondents have filed the affidavit-inreply. It appears that, due to the emerging circumstances, the orders have been passed by the respondents. It also appears that, subsequently, the approval in favour of Dr. Lihinar has also come to an end. There are other directions issued by this Court in Writ Petition No. 9361 of 2017.

4.

Considering the explanation given and the subsequent orders passed by us and further that today the approval in faovur of Dr. Lihinar is not in force, we dispose of the Contempt Petition. No costs.

[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde