← Library
Bombay High CourtCP/15/2017disposed offdismissed for default

Pathan Rizwan Khan Jabbar Khan v. Asha Baburao Garud

2018-01-25Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice S. M. Gavhane2 pages

( 1 ) cp15.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONT. PETITION NO. 15 OF 2017 IN WP/9724/2016 WITH CA/2452/2017 IN CP/15/2017 PATHAN RIZWAN KHAN JABBAR KHAN

VERSUS

ASHA BABURAO GARUD Mr.Syed Yasin Tauseef, Advocate h/f Mr.R.M.Shaikh, Advocate for the petitioner Mr.B.A.Shinde, Advocate for the respondent CORAM : S.S. SHINDE & S.M.GAVHANE, JJ.

DATED :

25.01.2018 P.C. :- .

Heard learned counsel for the petitioner and learned counsel appearing for the respondent. 2.

We have perused the reply filed by the Zilla Parishad, Parbhani. The statement is made in the reply that the Management did not forward the proposal for approval of services of the petitioner. Learned counsel appearing for the Management also submits that said proposal is not forwarded. Learned counsel for the petitioner asserts that as a matter of fact proposal was forwarded to the Zilla Parishad, Parbhani. Admittedly, the Management was not heard before passing the order in R.A.80/2017 in Writ Petition No.9724/2016 [Pathan Rizwan

( 2 ) cp15.17 Khan Jabbar Khan Vs The Education Officer and others]. In that view of the matter there cannot be disobedience of the order passed by either Zilla Parishad or by the Management.

3.

For the reasons aforesaid the contempt petition stands disposed of.

4.

Review Application No.80/2017 be placed for hearing on 31.01.2018.

5.

In view of the disposal of the contempt petition, civil application No.2452/2017 does not survive and the same stands disposed of.

[S.M.GAVHANE,J.] [S.S. SHINDE,J.] VishalK/cp15.17