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Bombay High CourtCP/34/2024disposed off

Basavaraj Gangappa Badga v. Sheetal Teli Ugale

2025-02-11Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Ashwin D. Bhobe4 pages

Digitally signed by GAURI AMIT GAEKWAD Date:

2025.02.13 12:36:50 +0530 GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15735 OF 2023 Anjana Basavaraj Kone and Ors.

....Petitioners

Versus

The Municipal Commissioner Solapur Municipal Corporation and Anr.

....Respondents WITH WRIT PETITION NO.13329 OF 2023 WITH INTERIM APPLICATION NO.18050 OF 2023 IN WRIT PETITION NO.13329 OF 2023 Basavaraj Gangappa Badga and Ors.

....Petitioners

Versus

The Municipal Commissioner Solapur Municipal Corporation and Anr.

....Respondents WITH CONTEMPT PETITION NO.34 OF 2024 Basavaraj Gangappa Badga and Ors.

....Petitioners

Versus

Sheetal Teli Ugale and Anr.

....Respondents ---- Mr. S.G. Kudle for the Petitioners.

Mr. Tejas D. Deshmukh a/w. Mr. Ronak Utagikar for Respondent No.1.

Mr. S.P. Kamble, AGP for Respondent No.2.

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

DATE : 11th FEBRUARY, 2025 P.C. :- 1.

Despite an order dated 27th October, 2023 directing the

Respondents to file their affidavits in reply and despite injuncting the Solapur Municipal Corporation from issuing the advertisement to fill up the post, it is only the Corporation which has filed a reply. The State Government has not filed a reply for 16 months. Several times the matter was on board. Yet, the State has not filed a reply. 2.

The learned Advocate for the Petitioners submits that the Petitioners are not interested in costs. If the affidavit in reply is filed by the State, this matter can move forward for a hearing. 3.

In view of the above, as a last chance, let the affidavit in reply be filed on or before 27th February, 2025, failing which the Principal Secretary, Urban Development Department shall deposit an amount of Rs.25,000/- from his salary bank account, in this Court.

4.

In the event, the affidavit in reply is filed within the timeline, rejoinder affidavit, if desired, be filed on or before 12th March, 2025.

5.

List this Petition for a hearing, after the fresh admissions board, on 19th March, 2025.

6.

Office objections, if any, to be removed, on or before 27th February, 2025, failing which, this Petition shall stand dismissed without reference to the Court, on 28th February, 2025. 7.

By consent of the parties, Interim Application No.18050 of 2023 is disposed off.

Contempt Petition No.34 of 2024 8.

The learned Advocate Mr. Kudle submits that the Petitioners are the employees of the Corporation and they would be satisfied if a statement is made that the Corporation respects all the Courts in India and will abide by orders passed by the Courts. 9.

The learned Advocate for the Corporation submits that the Commissioner and all officers of the Corporation, have always respected the Courts and have always obeyed the orders of the Court and will continue to do that and if there is any act of disobedience, it

may be treated as aggravated contempt.

10.

In view of the above statement, the Contempt Petition No.34 of 2024 is disposed off, as the Petitioners are satisfied. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)