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Bombay High CourtCP/86/2014dismissedrule discharged

Agricultural Produce Market Committee, Through Its Secretary /Administrator, Yavatmal v. State Of Maharashtra, Through Its Secretary, Department Of Co-Operation And Textile, Mumbai And 3

2015-01-13Hon'Ble Shri Justice Z.A. Haq2 pages

1 cp86.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CONTEMPT PETITION NO.86/2014 Agricultural Produce Market Committee, Wani ..Versus..

State of Maharashtra and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 13.1.2015 Heard Shri M.Y. Wadodkar, learned advocate for the petitioner, Ms. B.P. Maldhure, learned A.G.P. for the respondents 1 and 3 and Shri S.S. Ghate, learned advocate for the respondent no.2. The petitioner has filed this petition complaining the breach of the order passed by the Hon'ble Minister on 21 st March, 2013.

However, learned A.G.P. has raised the point that the contempt petition is not maintainable inasmuch as it cannot be said that the Minister while passing the impugned order is acting as "Court" as contemplated

2 cp86.14 by the provisions of the Contempt of Courts Act, in view of subsequent events of passing of order by this Court in Writ Petition No.3477/2013 on 22 nd September, 2014, I am not inclined to entertain the contempt petition. Without examining the issue as raised by the learned A.G.P. , the contempt petition is dismissed. In the circumstances, the parties to bear their own costs.

JUDGE Tambaskar.