Dismissed

Aadivasi Koli Samaj Samanvay Samiti through Its Chief Coordinator and Another v. the State of Maharashtra Throgh Its Chief Secretary and Others

Bombay HC24 Mar 2023CP/178/2023

Case brief

AI extract

What is this about?

The Court addressed a contempt petition alleging willful disobedience due to the State's delay in taking instructions on an ongoing writ petition. The Court held that routine solicitation of instructions does not constitute contempt and dismissed the petition.

What did the court decide?

The contempt petition was dismissed as abuse of process.

Aadivasi Koli Samaj Samanvay Samiti through Its Chief… — Contempt of Court | Bombay HC (2023)

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961.CP.178.23.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CONT. PETITION NO.178 OF 2023
IN WP/7558/2020

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AADIVASI KOLI SAMAJ SAMANVAY SAMITI THROUGH ITS
CHIEF COORDINATOR AND ANOTHER

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VERSUS

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THE STATE OF MAHARASHTRA THROGH ITS
CHIEF SECRETARY AND OTHERS

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Advocate for Petitioners : Mr. Kokad Amol Ashok
GP for Respondents: Mr. D.R. Kale

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CORAM: MANGESH S. PATIL AND
 M. M. SATHAYE, JJ.

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DATE: 24.03.2023

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PER COURT :

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The petitioners have filed Writ Petition No.7558/2020 in this
Court. By the order dated 17.02.2021 this Court had directed the learned
AGP to take instructions. The petitioners allege that since the learned AGP
had not taken instructions as was directed by this Court the conduct is
contemptuous.

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2.We are afraid, the petitioners are stretching the things too far.
When this Court is already seized of a writ petition and merely instructed
the learned AGP in usual course to solicit the instructions, irrespective of the
delay, the conduct cannot be said to be willful disobedience. It is not the
petitioners’ case that the learned AGP had obtained the instructions but

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1/2

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961.CP.178.23.odt

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deliberately avoided it to be placed on record. It is abuse of the process of

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Court. The contempt petition is dismissed.

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(M. M. SATHAYE, J.)

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 (MANGESH S. PATIL, J.)

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habeeb

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Aadivasi Koli Samaj Samanvay Samiti through Its Chief Coordinator and Another v. the State of Maharashtra Throgh Its Chief Secretary and Others

Case brief

What is this about?

What did the court decide?

Aadivasi Koli Samaj Samanvay Samiti through Its Chief Coordinator and Another v. the State of Maharashtra Throgh Its Chief Secretary and Others

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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