Subodhkumar S/O Raghunath Agrawal Through His P.O.A. Shri Raghunathdas Ramsaran Gupta v. Shri Dadarao Dolarkar, The Chief Officer The Municipal Council, Karanja (Lad)

3103cp246.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CP NO. 246/2014 IN WRIT PETITION NO. 4463 OF 2013 (Dr. Subodhkumar s/o Raghunath Agrawal vs. Shri Dadarao Dolarkar, CO, Municipal Council, Karanja (Lad), District - Washim) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & S.B. SHUKRE, JJ.

MARCH 31, 2015.

Heard Shri Agnihotri, learned counsel for the petitioner and Shri P.P. Deshmukh, learned counsel for the respondent.

Shri Deshmukh, learned counsel submits that the judgment of this Court dated 24.10.2013 delivered in Writ Petition No. 4463 of 2013 has been complied with. Shri Agnihotri, learned counsel does not dispute compliance, however, he submits that there is deliberate delay and a lame excuse for it.

In view of objection of Shri Agnihotri, learned counsel, we have perused the papers.

The judgment delivered by the Division Bench was questioned before the Hon'ble Apex Court in SLP (Civil) 8451 of 2014 and that SLP was dismissed on 04.07.2014. The compliance has been done in February 2015. Thus, there is time gap of about seven months. The respondent has pointed out various administrative difficulties like Elections and Model Code of Conduct. He has also stated that he joined on 01.09.2014.

3103cp246.14 We find that Shri Agnihotri, learned counsel is justified in contending that the reasons being pressed into service have no legal sanctity. As the incumbent has joined on 01.09.2014, we are not inclined to proceed further in the matter in Contempt. Hence, with these observations, we dispose of the Contempt Petition. No costs.

JUDGE JUDGE *GS.