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Bombay High CourtCP/178/2023dismissed

Aadivasi Koli Samaj Samanvay Samiti Through Its Chief Coordinator And Another v. The State Of Maharashtra Throgh Its Chief Secretary And Others

2023-03-24Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice M. M. Sathaye2 pages

961.CP.178.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONT. PETITION NO.178 OF 2023 IN WP/7558/2020 AADIVASI KOLI SAMAJ SAMANVAY SAMITI THROUGH ITS CHIEF COORDINATOR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROGH ITS CHIEF SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Kokad Amol Ashok GP for Respondents: Mr. D.R. Kale ...

CORAM

: MANGESH S. PATIL AND M. M. SATHAYE, JJ.

DATE : 24.03.2023 PER COURT :

The petitioners have filed Writ Petition No.7558/2020 in this Court. By the order dated 17.02.2021 this Court had directed the learned AGP to take instructions. The petitioners allege that since the learned AGP had not taken instructions as was directed by this Court the conduct is contemptuous.

2.

We are afraid, the petitioners are stretching the things too far. When this Court is already seized of a writ petition and merely instructed the learned AGP in usual course to solicit the instructions, irrespective of the delay, the conduct cannot be said to be willful disobedience. It is not the petitioners' case that the learned AGP had obtained the instructions but 1/2

961.CP.178.23.odt deliberately avoided it to be placed on record. It is abuse of the process of Court. The contempt petition is dismissed.

(M. M. SATHAYE, J.) (MANGESH S. PATIL, J.) habeeb 2/2