Dismissed

Archana Pandharinath Waghmare v. Dhiraj Kumar and Others

Bombay HC16 Jan 2014CP/199/2013

Case brief

AI extract

What is this about?

In a contempt petition arising from a writ petition, the single judge noted that the Supreme Court had issued notice in a related SLP. The court held no wilful default existed and disposed of the contempt petition without keeping it pending.

What did the court decide?

Contempt petition disposed of; Zilla Parishad directed not to appoint candidates and to file affidavit on vacancies.

Archana Pandharinath Waghmare Vs Dhiraj Kumar and Others — Contempt of Court | Bombay HC (2014)

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cp199.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CONTEMPT PETITION NO.199 OF 2013 IN

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WRIT PETITION NO.2687 OF 2012

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Archana d/o Pandharinath Waghmare,
Age-22 years, occu:Nil,
R/o-Madhavbag, Parali-Vaijnath,
Tq-Parali-Vaijnath, Dist-Beed.

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...PETITIONER

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 VERSUS

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1) Shri. Dhiraj Kumar, President/District Collector, District Selection Committee, Nanded,

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2) Mr. Sumant namdeorao Bhange, The Chief Executive Officer, Zilla Parishad, Nanded,

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3) Dr. Mohan Uttamrao Gohatte, District Veterinary Officer, Zilla Parishad, Nanded.

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...RESPONDENTS

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 ...
 Shri. U.B. Bondar Advocate for Petitioner.
 None present for Respondent No.1.
 Shri. V.S. Panpatte Advocate for Respondent
 Nos.2 and 3.

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...

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cp199.13

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CORAM: A.I.S. CHEEMA, J.

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 DATE : 16TH JANUARY, 2014

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ORAL ORDER :

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1. Heard counsel for both sides. It appears

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that against the order dated 25th February, 2013,
Review Application Stamp No.16476 of 2013 was
filed and that has been disposed of. Against these
Judgments and orders, Petition for Special Leave
to Appeal bearing No. CC 19715 of 2013 has been
filed and Hon'ble Supreme Court has passed the
following order on 22nd November, 2013:

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" Delay condoned.

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 Heard Mr. Atul B. Dakh, learned
counsel in support of these special
leavepetitionsandMr.
Katneshwarkar,learnedcounsel
appearing for the caveator Archana
in SLP (C) No..... CC 19715/2013.

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 Issue notice in both the matters,

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cp199.13

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returnable on 13.1.2014. Dasti
service in addition is permitted. As
stated above, Mr. Katneshwarkar
waives service for caveator Archana.

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 In the meanwhile, the Zilla
Parishad may not appoint any
candidate on the concerned posts and
it will file an affidavit as to
whether there are any vacancies in
the Zilla Parishad."

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2.It is apparent that the matter is still
being pursued between the parties and Hon'ble

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Supreme Court has issued notice. At this stage, it
cannot be said that there is wilful default and
disobedience. As such, the Contempt Petition need
not be kept pending although learned counsel for
Petitioner wants the same to be kept pending.

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3.The Contempt Petition is disposed of.

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asb/JAN14

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 [A.I.S.CHEEMA,J.]

Archana Pandharinath Waghmare v. Dhiraj Kumar and Others

Case brief

What is this about?

What did the court decide?

Archana Pandharinath Waghmare v. Dhiraj Kumar and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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