Bombay High CourtCP/249/2012dispossed offdismiss for default

Sushikshan Prasarak Mandal, Pinjar Thr. Its President Subodhchandra Motiramji Lahane v. The State Of Mah. Thr. Secretary, Education (Secondary And Higher Secondary) Highschool (Deleted) A

2018-01-08Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Mrs. Justice Swapna Joshi2 pages

0801cp249.12 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CONTEMPT PETITION NO. 249 OF 2012 IN WRIT PETITION NO.1071 OF 2012 (Sushikshan Prasarak Mandal vs. Shri Ashok Sonune and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri Deshpande, Advocate for petitioner.

Ms. N.P. Mehta, Assistant Government Pleader for respondent nos.3, 5 and 6.

-------- CORAM : B.P. DHARMADHIKARI AND MRS. SWAPNA JOSHI, JJ.

DATED : JANUARY 8, 2018 Heard Adv. Deshpande for petitioner and Ms. Mehta, learned Assistant Government Pleader for respondent nos.3, 5 and 6 2) We find that order of this Court dated 6/8/2012 in Writ Petition No.1071/2012 permitted Authorities to take suitable decision considering pending dispute between Management. The Authorities have issued a show cause notice as to why Management should not be taken over.

3) Effort of Adv. Deshpande is to urge that this show cause notice itself constitutes contempt of Court orders.

4) Ms. Mehta, learned Assistant Government Pleader submits that no fetters were imposed on discretion available to Authorities and even if their show

0801cp249.12 2/2 cause notice is presumed to be incorrect, it does not tantamount to contempt.

5) We find substance in the contention of learned Assistant Government Pleader. Merely because Authorities have taken a particular view and issued show cause notice, it cannot be said that their action is in contempt of above order.

6) The petitioner has, however, not assailed show cause notice dated 14/9/2012 independently in any other proceedings. Hence, with liberty to petitioner to assail that show cause notice as per law, we dispose of the contempt petition. No costs.

JUDGE JUDGE khj