Bombay High CourtCP/11/2015dispossed offdismiss for default

Janardan Dhonduji Badole v. Shri Vishwanath Giriraj, Principal Secty. To Govt., Rural Development And Jalsandharan Deptt. And 2

2015-03-04Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CONTEMPT PETITION NO. 11 OF 2015 (JANARDAN DHONDUJI BADOLE..VS..VISHWANATH GIRIRAJ & ORS.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : MARCH 04, 2015.

Heard Mr. M.R.Rajgure, learned advocate for the petitioner.

The grievance of the petitioner is that the respondents have committed contempt by not taking action pursuant to the judgment passed by this court in Writ Petition No. 3152 of 2013 on 1st October, 2013. The petitioner had challenged orders passed by the Additional Commissioner on 4th March, 2009 dismissing the appeal filed by the petitioner. This Court by the judgment passed in Writ Petition No. 3152 of 2013 on 1st October, 2013 has dismissed the writ petition, however, liberty was granted to the petitioner to challenge the order passed by the Additional Commissioner on 29th May, 2009 in appropriate proceedings.

The petitioner has submitted that the petitioner had filed appeal before the Additional Commissioner, which came to be allowed by order dated 21st June, 2014 and the matter is remitted to the Chief Executive Officer, Zilla Parishad, Gondia for further inquiry. The submission on behalf of the petitioner is that the Chief Executive officer has not taken any action in the matter.

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Considering the facts of the case, Ms B.P. Maldhure, learned AGP was requested to take instructions and after taking instructions, she has submitted that the matter pending before the Chief Executive officer, Zilla Parishad, Gondia will be disposed of expeditiously and in any case till 30th June, 2015.

In view of above, I see no reason to take cognizance of the grievance made by the petitioner under the provisions of the Contempt of Courts Act, 1971. The Contempt Petition is disposed of. No costs.

JUDGE RRaut..