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Bombay High CourtMCA/228/2025disposed off

Hema W/O Ravindra Patare v. Ravindra S/O Dadasaheb Patare

2025-09-03Hon'Ble Shri Justice Y. G. Khobragade5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

(7) CONTEMPT PETITION NO. 418 OF 2025 IN WRIT PETITION NO. 4938 OF 2021 Vitthal Ramrao Garad & Ors

...Petitioners

Versus

The State Of Maharashtra Through its Secretary Smt Sujata Sounik & Ors.

...Respondents

AND

(2) CONTEMPT PETITION NO. 228 OF 2025 IN WRIT PETITION NO. 4938 OF 2021 Uttam Shahurao Kalase & Ors.

...Petitioners

Versus

The State Of Maharashtra Through its Secretary Smt Sujata Sounik & Ors.

...Respondents

AND

(3) CONTEMPT PETITION NO. 229 OF 2025 IN WRIT PETITION NO. 15510 OF 2022 Ratnakar Chandrakant Lokhande & Ors

...Petitioners

Versus

The State Of Maharashtra Through its Secretary Smt Sujata Sounik & Ors.

...Respondents

AND

(4) CONTEMPT PETITION NO. 230 OF 2025 IN WRIT PETITION NO. 2543 OF 2022 Ramesh Ramkrushna Patki & Ors

...Petitioners

1/5

Versus

The State Of Maharashtra Through its Secretary Smt Sujata Sounik & Ors.

...Respondents

AND

(5) CONTEMPT PETITION NO. 231 OF 2025 IN WRIT PETITION NO. 4995 OF 2021 Narayan Vithoba Otari & Ors

...Petitioners

Versus

The State Of Maharashtra Through its Secretary Smt Sujata Sounik & Ors.

...Respondents

Mr. Sanjay Kumar B. Bhosale for the Petitioners in all matters Mr. Vijay Killedar for the Respondents/Contemnors in all matters Mr. P. P. Kakade, Addl. GP a/w. V. M. Mali, AGP for the Respondent-State in CP/228/2025 Mr. P. P. Kakade, Addl. GP a/w. Ms Nisha Mehra, AGP for the RespondentState in CP/229/2025 Mr. P. P. Kakade, Addl. GP a/w. P. Diwan, AGP for the Respondent-State in CP/230/2025 Mr. P. P. Kakade, Addl. GP a/w. Mr. S. H. Kankal, AGP for the RespondentState in CP/231/2025 Mr. P. P. Kakade, Addl. GP a/w. Mr. A. K. Naik, AGP for the RespondentState in CP/418/2025

CORAM

:

RAVINDRA V. GHUGE & M. M. SATHAYE, JJ.

DATE :

1st JULY 2025 P.C.:- CP/418/2025 1.

In Contempt Petition No. 57 of 2025, filed by the present 2/5

Petitioners, the Zilla Parishad had made a statement before the Court on the basis of written communications dated 17/02/2025 and 18/02/2025, that the Zilla Parishad would ensure that the order at issue is complied with in letters and spirit, within a period of 30 days. 2.

In the order passed by the Writ Court dated 04/07/2022, it was directed that the recovery made by the Zilla Parishad as against the Petitioners, should be refunded to the Petitioners and the benefits of advance increment available to them, by virtue of the certificate of excellent work, should also be paid to them. Since, the Writ Court had passed this order on 04/07/2022, one can reasonably fathom that compliance should have been made within a reasonable period, which could be three months. The order was not complied for two years and 7 months. Yet, this Court showed magnanimity and accepted the statement on behalf of the Zilla Parishad that the order would be complied with within 30 days, keeping in view that Special Leave Petition filed against identical orders were dismissed on 20/07/2022 and so were the Review Petitions. After the Contempt Petition was disposed off on the statement dated 18/02/2025, Zilla Parishad has still not complied with the order of the Writ Court. 3/5

3.

This is a second Contempt Petition. In view of the above, issue notice under the Contempt of Courts Act, 1971 in the format prescribed, to Mr. Kuldip Jangam, Chief Executive Officer, Zilla Parishad, Solapur and Smt. Smita Patil, Deputy Chief Executive Officer, Zilla Parishad, Solapur, returnable on 16/07/2025, in the supplementary board. The learned Advocate, Mr. Vijay Killedar waives service for the contemnors. 4.

Needless to state that, both these officers shall remain present in the Court. Both are at liberty to file their affidavit-in-reply at least one week prior to the returnable date.

CP/228/2025 AND CP/229/2025 AND CP/ 230/2025 AND CP/231/2025 5.

The order of this Court dated 04/07/2022 has not been complied with. These Petitioners are identically placed with the Petitioners in the aforesaid order.

6.

Therefore, issue notice under the Contempt of Courts Act, 1971 in the prescribed format, to Mr. Kuldip Jangam, Chief Executive Officer, Zilla Parishad, Solapur and Smt. Smita Patil, Deputy Chief Executive Officer, Zilla Parishad, Solapur, returnable on 16/07/2025. The learned 4/5

Advocate, Mr. Vijay Killedar waives service for the contemnors. 7.

Needless to state that, both these officers shall remain present in the Court. Both are at liberty to file their affidavit-in-reply at least one week prior to the returnable date.

(M. M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.) 5/5