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Bombay High CourtCAN/35/2021ca disposed off

Shri Ashish S/O Vikramraj Janjal v. Shri. Shivling Patwe, Education Officer (Secondary), Zilla Parishad, Nagpur And Another

2021-02-24Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Smt. Justice Pushpa V. Ganediwala3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO. 01 OF 2021 IN WRIT PETITION NO. 4819 OF 2018 (D) (Shri Ashish s/o Vikramraj Janjal Vrs. Shri Shivling Patwe, Divisional Chairman/Secretary, Mah. State Board for Sec. & Higher Sec. Education, Konkan Divn., Ratnagiri & anr.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Shri R.M. Sharma, Advocate for the petitioner. Ms. T. Khan, Assistant Government Pleader for respondent Nos. 1 and 2.

CORAM:- A.S. CHANDURKAR AND PUSHPA V. GANEDIWALA, JJ.

DATED :- FEBRUARY 24, 2021.

CIVIL APPLICATION NO. 34 OF 2021 AND CIVIL APPLICATION NO. 35 OF 2021 Heard Ms. T. Khan, learned Assistant Government Pleader for the applicants/respondents and Shri R.M. Sharma, learned counsel for the non-applicant/ petitioner.

2.

By way of these applications, the applicants sought for recalling of order dated 05/02/2021 passed by this Court for issuance of bailable warrant in the sum of Rs. 15,000/- as the applicants/respondent Nos. 1 and 2 did not make their appearance.

3.

Considering the reasons mentioned in the applications, the bailable warrant issued against the

respondent Nos. 1 and 2 vide order dated 05/02/2021 is hereby recalled and the civil applications stand disposed of accordingly.

CONTEMPT PETITION NO. 01 OF 2021 In Writ Petition No. 4819/2018 this Court had directed as under :

"3.

Respondent no. 2 is directed to appropriately decide the proposal dated 30.7.2012, in accordance with law, within a period of eight weeks from the receipt of the order."

2.

Learned Assistant Government Pleader submits that the order dated 16/10/2019 passed in Writ Petition No. 4819/2018 of which non-compliance is complained of in this contempt petition, has already been complied with as per the communication dated 25/09/2020 from the office of respondent No. 1 which is placed on record at Exh. A.

3.

Learned counsel for the petitioner seeks time to take instructions.

4.

A perusal of the aforesaid communication qua the order which is sought to be complied with in this contempt petition thus has been duly complied with. 5.

In these circumstances, we do not find any deliberate disobedience of the aforesaid order.

6.

In the circumstances, nothing survives in this petition and hence contempt petition stands disposed of. JUDGE JUDGE *DB