Suresh Tatyasaheb Patil v. State Of Maharashtra, Thr. Minister For Marketing And Co-Operation

21-cp-25-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 25 OF 2021 Mr. Suresh Tatyasaheb Patil and Ors.

... Petitioners

Versus

State of Maharashtra and Ors.

... Respondents Mr. Surel S. Shah, for the Petitioners.

Mr.Yuvraj D. Patil, AGP for Respondent No.1.

CORAM : R. D. DHANUKA & V. G. BISHT, JJ.

DATE : 30th March, 2021.

PC:

The petitioner has filed this Contempt Petition for initiation of action against the respondent nos. 1, 2 and 4 under the provisions of Contempt of Courts Act, 1971 for alleged willful deliberate breach of the orders passed by this Court on 8th October, 2020 and 1st December, 2020. It is the case of the petitioner that the representation of the petitioners has not been decided deliberately and willfully. Rekha Patil 1/2

21-cp-25-2021.odt Mr. Shah, learned counsel for the petitioner invited our attention to the Order annexed at Page 77 of the Contempt Petition passed by the learned Minister on 21/10/2020 rejecting the representation made by the petitioner. He submits that the said order is not an order in eyes of law.

Be that as it may, the representation is already decided. We are not inclined to initiate any action under the Contempt of Courts Act, 1971 against the respondent nos. 1,2 and 4. Contempt Petition is accordingly dismissed. No order as to costs. The petitioner, however, would be at liberty to challenge the said Order under Section 77 annexed to the Writ Petition in accordance with law.

It is made clear that this Court has not expressed any views on the merits of the said order passed by the respondent on the said representation made by the respondent. If any proceedings are filed by the petitioner, the same would be considered on its own merits. (V. G. BISHT, J.) ( R. D. DHANUKA, J.) Rekha Patil 2/2