Smt. Vandana Wd/O Gajanan Bhaje And Another v. Mr. Sudhir Shrivastav, Principal Secretary, Planning Dept. Mumbai And Others

1 7 cp 175-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CONTEMPT PETITION NO.175/2023 IN LETTER PATENT APPEAL NO.97/1997 (D) Smt. Vandana wd/o Gajanan Bhaje and another Vs. Mr. Sudhir Shrivastav, Principal Secretary, Planning Dept., Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.V. Mahajan, Advocate for petitioners CORAM : AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ..

DATE D : 28/08/2024 The petition seeks to punish the respondents for contempt of the judgment dated 09.08.2007 passed in LPA No.97/1997, which has directed the State to consider the case of the petitioner for regularization or absorption as a Mustering Assistants in terms of the Government Resolution as indicated therein(page 21).

2.

It is, however, equally a fact that from 2007 till 2023, the petitioners have not done anything at all. There is no explanation of the delay of more than 16 years except for a plea that a representation was made in 2020. The petition has been filed in 2023. All this would indicate that the petitioners have slept over their right, in view of which, we are not satisfied with the reasons given to explain the delay. We, therefore, refuse to issue a notice of contempt. The petition is dismissed.

(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) R.S. Sahare