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Bombay High CourtCP/656/2024disposed off

Appasaheb Maruti Mali v. State Of Maharashtra Through Its Secretary Namely Nitin Gadre General Administration Department

2024-12-09Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

506-CP-656-2024-(C).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 656 OF 2024 Appasaheb Maruti Mali & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Manoj Patil, Advocate for the Petitioners. Mr. O.A. Chandurkar, Addl. G.P a/w Mr. S.B. Kalel, AGP for Respondent Nos. 1 to 3/State.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 9th DECEMBER, 2024 P.C. :- by SUNNY ANKUSHRAO THOTE Date:

2024.12.10 15:42:29 +0530 SUNNY ANKUSHRAO THOTE 1.

Not on Board. Taken on board.

2.

At the request of the learned Advocate for the Petitioners and the learned AGP, this Contempt Petition is taken on the production board.

3.

The order of this Court dated 24th March, 2021, was delivered in Writ Petition (St.) No. 532 of 2021. This Contempt Petition has been filed on 10th October, 2023, which is after three SUNNY THOTE

506-CP-656-2024-(C).odt years. Considering the law laid down by the Hon'ble Supreme Court in the case of S. Tirupathi Rao V/s. M. Lingamaiah & Ors., (Reported Judgment in SLP (Civil) Nos.19647-48 of 2022, dated 22nd July, 2024) and Section 20 of the Contempt of Courts Act, 1971, this Contempt Petition would not be tenable. 4.

In view of the above, this Contempt Petition is disposed off.

5.

The learned Advocate for the Petitioners submits that the Petitioners would be challenging the Government Resolution dated 15th December, 2022, by which the Government has tried to take away half of the benefits of these Petitioners, despite the order of this Court dated 24th March, 2021, delivered in Writ Petition (St.) No. 532 of 2021. The statement is recorded.

6.

If the Petitioners file a Petition as stated above, the disposal of the Contempt Petition would not be an impediment. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) SUNNY THOTE