Madhukar Narayan Ogle v. Ujwal Narayan Uke And Others

64.16CP FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CONTEMPT PETITOIN NO. 64 OF 2016 IN WRIT PETITION NO. 244 OF 2015 MADHUKAR S/O NARAYAN OGLE

VERSUS

SHRI UJWAL S/O NARAYAN UKE AND OTHERS ...

Advocate for petitioner:Mr. A.D. Pawar A.G.P. for respondents : Mr.A.G. Magre ...

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

Dated: JULY 19, 2016 ...

Heard.

2.

The order passed by the Assistant Commissioner, Social Welfare, Ahmednagar on 11/12th July, 2015 takes recourse to the Government Resolution dated 31st March, 2015, which has been issued after passing the order dated 23rd March, 2015.

In that view of the matter, it is difficult to hold that there is willful disobedience of the order passed by this Court. While exercising the contempt

64.16CP jurisdiction, unless the Court is convinced that there is a willful disobedience, the contempt jurisdiction cannot be invoked and no punishment can be awarded.

3.

In that view of the matter, we dispose of this Petition. In case, the petitioner is advised, he can take exception to the order dated 11/12th June, 2015 by way of filing appropriate proceedings.

(SANGITRAO S.PATIL, J) (S.S. SHINDE, J) sga/