Bombay High CourtCP/32/2016dispossed offdismiss for default

Sarjerao Rangnath Chauhan And ORS v. Shri Sudhir Jainarayan Shrivastav, Chief Secretary, Ministry Of Finance, State Of Maha. Mumbai

2016-03-04Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Shri Justice P.N. Deshmukh2 pages

0403cp32.16.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CONTEMPT PETITION NO. 32 OF 2016 IN WRIT PETITION NO.5213 OF 2012 (D) (Sarjerao Rangnath Chauhan & others Vs. Sudhir Jainarayan Shrivastav, Addl. Secretary) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. P. Chaware, Advocate for the petitioners. Shri D. P. Thakre, A.G.P. for the respondent. CORAM : B. R. GAVAI AND P. N. DESHMUKH, JJ.

DATED : 04 MARCH, 2016 Learned A.G.P. has placed on record the communication dated 03/3/2016. Along with the said communication, a copy of Government Resolution dated 03/3/2016 is also annexed. The same is taken on record and marked 'X' for identification.

Since the Government Resolution in compliance of the order issued by this Court is issued, though belatedly, we do not find it necessary to proceed further with the contempt proceedings.

It appears that the State had decided to challenge the order passed by this Court dated 16/7/2015 before the Hon'ble Apex Court, which

0403cp32.16.odt 2/2 challenge has ultimately failed in as much as the Hon'ble Apex Court has dismissed the Special Leave Petition on 22/02/2016.

Be that as it may. Since the State was bona fide prosecuting the remedy available to it, we do not find necessary to proceed further with the contempt proceedings though there is belated implementation of the order passed by this Court. The notice issued to the respondent is discharged.

Contempt petition is disposed of.

JUDGE JUDGE wwl