Kakasaheb Eknath Jadhav v. Bhagwan Sonawane

(1) C.P. No. 5 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Contempt Petition No. 5 of 2015 (In Writ Petition No. 5004 of 2014) District : Aurangabad Shri Kakasaheb s/o. Eknath Jadhav, Age : 49 years, Occupation : Service / Surplus (Headmaster), R/o. 201, Malkhare Apartment, Padampura, Aurangabad.

.. Petitioner.

versus Shri Bhagwan Sonawane, Education Officer (Secondary), Zilla Parishad, Aurangabad.

.. Respondent.

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Mr. Prashant M. Nagargoje, Advocate, for the petitioner. Mr. B.V. Virdhe, Asst. Government Pleader, for the respondent.

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CORAM : S.S. SHINDE & SANGITRAO S. PATIL, JJ.

DATE : 12TH APRIL 2016 PER COURT :

1.

Heard the learned Counsel appearing for the petitioner and the learned Asst. Government Pleader appearing for the respondent.

2.

The learned Counsel appearing for the

(2) C.P. No. 5 of 2015 petitioner submits that though representation of the petitioner is decided, same has not been decided within two months as ordered by this Court on 24th June 2014 and the same has been decided on 25th February 2015.

3.

The representation of the petitioner is decided, is not in dispute. It appears that during the pendency of this Contempt Petition, the representation has been decided. The Supreme Court in the case of Suresh Chandra Poddar Vs. Dhani Ram & others, [(2002) 1 Supreme Court Cases 766], has observed that 'Even where the order of court is complied with, subsequent to receipt of notice of contempt, court should show judicial grace and magnanimity in dealing with action for contempt'. 4.

In that view of the matter, the Contempt Petition stands disposed of. Needless to observe that if the petitioner is aggrieved by the decision taken by the respondent on the representation filed by the petitioner, the petitioner can avail appropriate remedy available in law, if he is so advised.

(SANGITRAO S. PATIL) (S.S. SHINDE) JUDGE JUDGE ..........

puranik / CP5.15