Dismissed

Anand S/O Keshaorao Shahare v. Anup Kumar, Divisional Commissioner, Nagpur Division, Nagpur

Bombay HC23 Feb 2018CP/286/2017

Case brief

AI extract

What is this about?

In a contempt petition, the petitioner challenging non-decision on a complaint under a writ petition. The respondent explained the delay was unintentional due to erroneous delegation. The court held the delay was not deliberate and dismissed the contempt petition without costs.

What did the court decide?

Contempt petition dismissed with no order as to costs.

Anand S/O Keshaorao Shahare Vs Anup Kumar, Divisional… — Contempt of Court | Bombay HC (2018)

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CP286-17

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FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CONTEMPT PETITION NO.286/2017 IN WRIT PETITION NO. 2520/2017 (D) (ANAND KESHAORAO SHAHARE VERSUS ANUPKUMAR, DIVISIONAL COMMISSIONER, NAGPUR DIVISION, NAGPUR)

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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- - - - Shri R. Wasnik, Advocate h/f Shri I.N. Choudhari, counsel for the petitioner. Shri A.M. Joshi, A.G.P. for the R-State.

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CORAM : SMT. VASANTI A NAIK AND

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A.D. UPADHYE, JJ. DATE : FEBRUARY 23, 2018.

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By this contempt petition, the petitioner seeks action against the respondent for willful disobedience of the directions in the order dated 26.04.2017 in Writ Petition No.2520 of 2017.

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According to the petitioner, though this Court had directed the respondent to decide the complaint of the petitioner within a time frame, the respondent had not decided the same.

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Shri Joshi, the learned Assistant Government Pleader states that a hearing was conducted in the complaint filed by the petitioner and a decision is rendered in the same. It is stated that the delay is not deliberate and intentional. It is stated that erroneously, the Divisional Commissioner had delegated the power to decide the complaint to the Chief Executive Officer of Zilla Parishad, Bhandara without realizing that in terms of the order of this Court, it was necessary for him to decide the matter.

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In the circumstances of the case, since we find that the delay in taking the decision is not intentional or deliberate, we dispose of the contempt petition with no order as to costs.

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JUDGE

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JUDGE

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APTE

Anand S/O Keshaorao Shahare v. Anup Kumar, Divisional Commissioner, Nagpur Division, Nagpur

Case brief

What is this about?

What did the court decide?

Anand S/O Keshaorao Shahare v. Anup Kumar, Divisional Commissioner, Nagpur Division, Nagpur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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