Petitioner contended non-compliance with court directions in a PIL. Court examined respondent's affidavit showing payment to a blacklisted contractor. Found no case for contempt jurisdiction; rejected the petition.
Contempt petition rejected; petitioner at liberty to take legal steps for redress.
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2502cp7.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
CONTEMPT PETITION NO. 7 OF 2014
IN PUBLIC INTEREST LITIGATION NO.45 OF 2012
(Shri Wasudeo s/o Yadavrao Khobragade vs. Shri C.D. Dahadkar, Retired Additional Collector)
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
Shri M. Hussain, Advocate for petitioner. Shri B.B. Mehadia, Advocate for respondent.
CORAM : B.R. GAVAI AND P.N. DESHMUKH, JJ.
DATED : FEBRUARY 25, 2016
The petitioner's contention is that respondent has not complied with the directions issued by this Court on 20/2/2013 in Public Interest Litigation No.45/2012.
The affidavit filed on behalf of respondent reveals that respondent during the period from 8/2/2013 to 22/5/2013 and 31/7/2013 to 15/9/2013 was holding additional charge of Chief Executive Officer and had passed an order blacklisting Contractor Shri Chetan Bajaj and Shri Manapure, Technical Service Provider. The affidavit further reveals that respondent vide communication dated 22/5/2013 had directed Senior Geologist, Underground Water and Development, Chandrapur to pay an amount of Rs.1,94,280/- to Zilla
2502cp7.14
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Parishad out of the amount payable to Shri Manapure.
In that view of the matter, we do not find that a case is made out for invoking contempt jurisdiction. The contempt petition is rejected. Needless to say that petitioner will be at liberty to take such steps as are permissible in law for redressing his grievance.
JUDGE JUDGE
khj
1 issue framed by the court
Whether the respondent's explanation regarding payment of blacklisted contractor funds justifies a finding of contempt of court.
Shri Wasudeo s/o Yadavrao Khobragade
Shri C.D. Dahadkar
B.R. Gavai
P.N. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
