Bombay High CourtCP/195/2014dispossed offdismiss for default

Bhimsingh Gopalsingh Gautam v. Abhishekh Krishna, Collector Of Nagpur District

2015-01-20Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.P. Bhangale3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO. 195/2014 IN WRIT PETITION No. 6269/2013.

Shri Bhimsingh Gopalsingh Gautam

VERSUS

Shri Abhishekh Krishna, Collector, Nagpur.

_____________________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & A.P. BHANGALE, JJ.

DATED : JANUARY 20, 2015.

Heard Shri P.P. Deshmukh, learned Counsel for the petitioner and Mrs. K.S. Joshi, learned A.G.P. for respondent. Perused reply affidavit filed on behalf of respondent.

The question in Writ Petition No.

6269/2013, disposed of on 10.02.2013, arose because of enquiry proposed against the officer (Smt. Parlewar), as the Government found that she had

issued several non-agricultural permission illegally. All those permissions were suspended.

This Court found that though permissions or illegal orders passed by that officer could have been suspended, application moved by genuine persons could not have been kept hanging and needed to be decided one way or the other, therefore, on 10.03.2013, Collector was called upon to look into the application of present petitioner.

Affidavit filed by the respondent in contempt petition shows that he has found petitioner otherwise entitled to grant of N.A. Permission, however, as in all matters in which the said officer (Smt. Parlewar) had earlier passed orders are now in custody of the State Government, and the State Government has stayed those matters, he sought necessary clearance from the Government. The proposal forwarded by him is still pending with the State Government.

Though the respondent cannot be said to have committed any contempt of this Court, in this peculiar situation, we direct the State Government to

take appropriate decision on the proposal forwarded by the respondent, within a period of 8 weeks from today. With this direction we dispose of the contempt petition.

Petitioner to communicate this order/ direction to the concerned Authority of the State Government. For said purpose copy of this order be furnished to learned Counsel for the parties to act upon.

JUDGE JUDGE Rgd