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Bombay High CourtCP/628/2024disposed off

Narasappa Gunjalappa v. Andhra Karnataka Dalita Varga Sangha Mumbai

2024-11-25Hon'Ble Shri Justice Rajesh S. Patil , Hon'Ble Shri Justice A.S. Chandurkar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.628 OF 2024 IN WRIT PETITION NO.3623 OF 2024 Narasappa Gunjalappa and Ors.

.. Petitioners Vs.

Andhra Karnataka Dalita Varga Sangha, Mumbai and Ors.

.. Respondents Mr. Vishal Rankhambe with Mr. Chaitanya M. Bagul, i/by Mr. Afsar Ansari, Advocates for the Petitioners.

Mr. N.C. Walimbe, Additional Government Pleader with Mr. Shahaji Shinde, 'B' Panel Counsel and Smt. M.S. Srivastava, Assistant Government Pleader for the Respondent-State of Maharashtra. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 25TH NOVEMBER 2024.

P.C. :

1.

The present contempt petition seeks to raise a grievance that the directions issued in Writ Petition No.3623 of 2024 (Mr. Swami H. Saraswati and Ors. Vs. Andhra Karnataka Dalita Varga Sangha, Mumbai and Ors.), dated 18th March 2024, have not been complied with. In the said writ petition, an order dated 5th October 2023 passed by the learned Assistant Charity Commissioner directing the Managing Committee of the Public Trust to conduct elections of the Trust as per the Scheme was under challenge. This Court did not interfere on the ground that the Election Programme was published and the Elections were scheduled on 31st March Digitally signed by SNEHA ABHAY DIXIT Date:

2024.11.26 09:54:34 +0530 1/2 Dixit SNEHA ABHAY DIXIT 32-CP-628-2024.doc

2024. Liberty was given to the petitioners to raise all grievances in the Change Report to be filed. The learned counsel for the petitioners submits that the Elections however have not been held and hence there is noncompliance of the directions issued on 18th March 2024 in Writ Petition No.3623 of 2024.

2.

We do not find that any directions were issued in the said writ petition. If the order dated 5th October 2023 passed by the learned Assistant Charity Commissioner issuing directions to conduct Elections is not complied with, the petitioners have other remedies. Hence, the contempt petition is not entertained. It is accordingly disposed of. All other remedies of the petitioners are kept open. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 32-CP-628-2024.doc Dixit