Laxminarayan S/O Parmeshwarlalji Jaiswal v. Shri Arun Shinde And Others

cp.107.14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CONTEMPT PETITION NO.107 OF 2014 IN WRIT PETITION NO.171 OF 2012 (Laxminarayan s/o Parmeshwarlalji Jaiswal vs.

Shri Arun Shinde, District Collecltor, Akola and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

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CORAM

: Z.A. HAQ, J.

DATE : 3 rd FEBRUARY, 2016.

Heard Shri N.L. Jaiswal, learned Advocate for the petitioner and Mrs. S.S. Jachak, learned Assistant Government Pleader for the respondents.

The petitioner has come up with the grievance that the respondents had not decided the revision pending before the State Government within three months, as directed by this Court by the order passed in Writ Petition No.171 of 2012 on 26/07/2013. It is the contention of the petitioner that respondent No.3 had deliberately kept pending the revision application.

Be that as it may, it is undisputed that the revision is decided, though after three months.

During the pendency of this contempt petition, there has been change in the Ministry of State Excise and the new

cp.107.14 2/2 incumbent has filed an affidavit sworn on 15/09/2015 explaining the delay in deciding the revision application. Though, it is alleged that respondent No.3 had deliberately kept the revision pending, the petitioner has not been able to show as to what interest the respondent No.3 had in keeping the revision pending.

In the facts of the case, I am not inclined to exercise jurisdiction under the Contempt of Courts Act, 1971. The petition is dismissed. In the circumstances, the parties to bear their own costs.

Civil Application [CAN] No.22/2015 :- In view of disposal of the contempt petition and the fact that the revision is already decided, the civil application has become infructuous. It is disposed of accordingly. JUDGE *sandesh