Sayyad Sadique S/O Sayyad Yasin v. Shri Ibrahim Chaudhary, The Sub-Divisional Officer, Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Contempt Petition No. 84 of 2017 IN Writ Petition No. 6713 of 2016 [decided] [Sayyad Sadique Sayyad Yasin, Amravati Vs. Ibrahim Chaudhary, The Sub-Divisional Officer, Amravati] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. T. H. Bewali, Adv., for the petitioner.

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CORAM

:

B.R. GAVAI AND A. S. CHANDURKAR, JJ.

DATE :

05th April, 2017 Learned counsel for the petitioner submits that the respondent has committed contempt by not complying with the order passed by this Court on 29th November, 2016 in Writ Petition No. 6713 of 2016. Learned counsel states that this Court vide said order directed the Sub-Divisional Officer to finally decide the appeal on merits. However, the SubDivisional Officer, instead of deciding the same, remanded the matter.

Learned counsel submits that when the said authority is directed to decide the appeal on merits, the

Sub-Divisional Officer could not have remanded the matter and ought to have decided the appeal only on merits.

If the learned Sub-Divisional Officer finds that the matter needs to be remanded, it cannot be said that he has not decided the matter on merits. We see no merits in the Contempt Petition. The same is dismissed. Judge Judge.

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