Janardan Bhikaji Gawade v. Dr. Nitin Karir, State Of Maharashtra, Thr. Add. Chief Secretary, Revenue And Forest Dept. And ORS.

2025:BHC-NAG:14130 1 16 CP 200.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CONTEMPT PETITION NO.200 OF 2023 IN WRIT PETITION NO.7342 OF 2018 [D] [Janardan Bhikaji Gawande .vs. Dr. Nitin Karir, State of Maharashtra through its Additional Chief Secretary, Revenue and Forest Department, Mantralaya, Bombay 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 : PRAVIN S. PATIL, J.

DATED : 11.12.2025 .

1.

The perusal of the petition shows that the petitioner herein alleged the non-compliance/disobedience of the judgment and order passed by this court dated 2.5.2022 in Writ Petition No.7342/2018.

2.

In a contempt petition, it is the submission of the petitioner that as per the order of this court, the respondents are avoiding to give work of extracting of forest coup and record of the petitioner-society. As a result, petitioner-society could not start functioning. Hence, according to him, this is a willful and deliberate act on the part of the respondents in the matter. 3.

In the light of the allegations made by the petitioner, I have perused the judgment dated 2.5.2022 passed by this court. The perusal of the order shows the challenge in the petition was the order dated 23.10.2018 passed by the Assistant Registrar, Cooperative Societies, Tahsil-Sindewahi, DistrictChandrapur purporting to cancel the registration of the petitioner-cooperative society by exercising the powers under Section 21 of the Maharashtra Cooperative Societies Act. This

2 16 CP 200.23.odt court by considering the fact that identical issue has been considered and decided, the impugned order was quashed. However, authority was granted liberty to initiate action for de-registration of society if the authority deems fit in the matter. 4.

The perusal of record shows that after the decision of this court, the Assistant Registrar, by his order dated 21.2.2023, has cancelled the registration of the society namely Shri Gajanan Adiwasi Jangal Kamgar Sahakari Sanstha Maryadit, Lonwahi, of which petitioner is representing as a President before this Court.

5.

From the record it is clear that after the order of de-registration of society on 21.2.2023, present Contempt Petition is filed on 27.4.2023, it means that petitioner was well aware of the order of respondent. But he has shown audacity to file present petition by enclosing the order dated 21.2.2023 as Annexure-VIII of petition. Hence, this is nothing but abuse of process of law.

6.

In present petition, on last date, Advocate appearing for petitioner has sought discharge. No one present for petitioner. However, as disobedience of the judgment of the court is alleged, I have perused the record and revealed the above stated facts.

7.

In my view, there is no disobedience of the order of this court dated 2.5.2022. The present contempt petition being misconceived and contrary to the factual aspect, same stands dismissed.

(PRAVIN S. PATIL, J.) Gulande