Maza Bharat Samajik Sanstha Thr Its Secretary Jagannath Pandurang Kharge v. B V Gaikwad

5-CP-402-2024 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 402 OF 2024 Maza Bharat Samajik Sanstha .. Petitioner Digitally signed by PRAVIN DASHARATH PANDIT Date:

2025.02.12 18:23:50 +0530 PRAVIN DASHARATH PANDIT

Versus

B. V. Gaikwad, Executive Engineer W/S & Ors.

.. Respondents Mr. Jagannath Pandurang Kharge, Secretary Maza Bharat Samajik Sanstha, Kharghar present in person.

Mr. Rohit Sakhadeo for respondent nos.1 and 2. Mr. S. V. Gavand for respondent no.3.

CORAM:

ALOK ARADHE, CJ. & BHARATI DANGRE, J.

DATE:

12th FEBRUARY, 2025 P.C.:

1.

In this Contempt Petition has been filed for noncompliance of the action contained in the order dated 20th December, 2023 passed by a coordinate Bench of this Court in Public Interest Litigation No. 200 of 2023. The operative portion of the said order reads as under: - "4.

Accordingly, we direct the appropriate authority of Respondent No.1 or Respondent No.3, as the case may be, shall consider the said representation dated 17th July 2023 and take appropriate decision and action, which may be warranted in law, thereon. The decision under this order on the said representation shall be taken by the authority concerned within a period of eight weeks from the receipt of copy of this order.

5-CP-402-2024 2.

It is not in dispute that in compliance of the aforesaid order, the respondent no.1 and 2, i.e., Executive Engineer, Water Supply and Executive Engineer (KHR-I) respectively, have decided the representation by an order dated 9th February, 2024. The aforesaid order has been placed on record along with reply-affidavit filed on behalf of respondent nos.1 and 2.

3.

Since direction to "consider" did not contemplate a decision in a particular manner, we do not find that there is any willful disobedience of the direction contained in order dated 20th December, 2023 passed by a coordinate Bench of this Court in Public Interest Litigation No. 200 of 2023. 4.

However, in case the petitioner is aggrieved by the order dated 9th February, 2024 passed by respondent nos.1 and 2, he is at liberty to take recourse to such remedy, as may be available to him in law.

5.

With the aforesaid liberty, the Contempt Petition is disposed of.

(BHARATI DANGRE, J.) (CHIEF JUSTICE)