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Bombay High CourtCP/265/2015

Uttam Ramchandra Jagdale And ORS v. The State Of Maharashtra, Through The Principal Secretary And ORS

2019-01-11Hon'Ble Shri Justice K.K. Tated2 pages

cp265-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.265 OF 2015 Uttam Ramchandra Jagdale and Ors.

.. Petitioners V/s.

The State of Maharashtra and Ors.

.. Respondents Mr.P.G.Chavan for the petitioner Mr.R.P.Kadam, A.G.P. for the respondent no.1

CORAM:

K.K. TATED, J DATED :

JANUARY 11, 2019 P.C. :

Heard.

The learned counsel for the Petitioner submits that by this Contempt Petition, they are seeking action to be taken against the Respondent for violating the order dated 16.07.2014 passed by this court in Writ Petition (ST) No.18502 of 2014. He submits that this court by order dated 16.07.2014 granted ad-interim relief in terms of prayer clause (b) which reads thus: "During the pendency and final disposal of this Writ Petition, this Court be pleased to stay further proceedings in R.T.S. Second Revision Application bearing No Consolidation/371/4552/Ch.No. PU-55/J5 pending on the file of the Minister of the State, Revenue."

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cp265-15.doc The learned counsel for the petitioner submits that it is clear from the order dated 16.07.2014 that this court restrained the Respondent the learned Minister of State, Revenue, not to proceed with RTS Second Revision Application pending before him.

The learned counsel for the Petitioner submits that inspite of the said order passed by this court on 16.07.2014, Respondent no.2 decided the said RTS Second Revision Application on 22.08.2014. Hence, Petitioner filed the present Contempt Petition for taking action against the Respondent.

It is to be noted that in the present proceedings, Petitioner challenged the order passed by learned Minister on 22.08.2014 by preferring Writ Petition (ST) No.18502 of 2014. In that Writ Petition, this court passed order on 23.02.2015 and set aside the order passed by learned Minister on 22.08.2014 and matter was remanded back for hearing on its own merits.

It is to be noted that in view of subsequent development that order dated 22.08.2014 passed by learned Minister of State, Revenue is set aside by this court by an order dated 23.02.2015 in Writ Petition (ST) No.27502 of 2014, nothing survives in the present Contempt Petition.

Hence, Contempt Petition stands rejected. No order as to costs.

(K.K. TATED, J.) Mohite 2/2