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Bombay High CourtCAW/1234/2015rejected at admission stage

Mehboobiya Education Society, Buldana Through Its President Shri Sk. Yakoob Sk. Mehboob v. State Of Maharashtra, Department Of Town Planning, Mumbai Through Its Secretary And 4 Others

2015-07-20Hon'Ble Shri Justice A.S. Chandurkar1 pages

6-CAW-1234-15 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAW) NO.1234 OF 2015 IN WRIT PETITION NO.3911 OF 2014 Mehboobiya Education Society, Buldana.

-vs- State of Maharashtra, Department of Town Planning, Thr. its Secretary, Mumbai-32. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri P.B. Patil, Advocate for applicant.

Smt. Bharti Maldhure, AGP for respondent Nos. 1 & 2. Shri Abhay Sambre, Advocate for respondent No.3. CORAM : A.S.CHANDURKAR, J.

DATE : JULY 20, 2015 By this application, the applicant seeks initiation of contempt action against the respondent No.3 on the ground that there has been wilful disobedience of the order dated 29/04/2015. By the said order, the respondent No.3 was directed to decide the application dated 19/08/2014 within period of eight weeks. Said application was decided on 09/06/2015. The application moved by the applicant was rejected and an amount of Rs.3000/- was returned back to him. On behalf of the respondent No.3 an affidavit has been filed in which it is stated that the lease of the applicant has not been cancelled and the amount of Rs.3000/- was inadvertently returned back. It is further stated that by communication dated 14/07/2015 aforesaid matter has been clarified.

In view of aforesaid, no action for contempt is required to be taken against respondent No.3 as prayed by the applicant. The application accordingly is rejected.

JUDGE Asmita