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Bombay High CourtCP/279/2022disposed off

Pruthviraj S/O Wamanroa Deshmukh v. Jitendra Davare, Gram Panchayat, Yerkheda, Kamptee, Nagpur

2023-03-08Hon'Ble Shri Justice Vinay Joshi,Hon'Ble Shri Justice Bharat P. Deshpande2 pages

1 59.cp.279.2022

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CONTEMPT PETITION NO. 279 OF 2022 IN WRIT PETITION NO.3532 OF 2022 Pruthviraj s/o Wamanroa Deshmukh ..vs..

Jitendra Davare, Secretary - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Meshram, Advocate for the petitioner. Shri P.S. Khubalkar, Advocate for the respondent. CORAM : VINAY JOSHI AND BHARAT P. DESHPANDE, JJ. DATED :

08/03/2023.

Heard.

2.

The petitioner alleges the contempt of the order of this Court dated 30.06.2022 passed in pending Writ Petition No.3532 of 2022.

3.

In paragraph 4, this Court has expressed as below :

"

4. In the meanwhile, the respondent No.1 shall consider the petitioner's representation dated 8.9.2021 (page No.23 of the writ petition)."

4.

According to the petitioner, the respondent - Secretary of Gram Panchayat has not considered the representation, and therefore, the contempt.

5.

We do not see any order of this Court requiring respondent to make any positive act so as to construe as it a willful default. This Court has simply directed to consider the representation made by the petitioner.

2 59.cp.279.2022 6.

The learned Counsel for the respondent has pointed out the communication as to what action has been taken.

7.

We do not see any act of willful disobedience of the order of this Court, therefore, we hereby disposed of the contempt petition with a direction to the respondent to inform the decision taken on the representation made by him.

(BHARAT P. DESHPANDE, J.) (VINAY JOSHI, J.) Trupti TRUPTI SANTOSHJI AGRAWAL 10.03.2023 11:00