Petitioner alleged non-compliance of a prior High Court order. The Court observed the order was actually complied with, though delayed, and granted leave to withdraw after counsel requested it.
Condemnation and withdrawal of contempt petition; disposition of connected civil application.
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982-CP-302-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CONTEMPT PETITION NO. 302 OF 2019
WITH
CIVIL APPLICATION NO. 6 OF 2023
IN
PUBLIC INTEREST LITIGATION NO. 94 OF 2015
Sharad Nago Chinawale
..PETITIONER
VERSUS
State of Maharashtra and Others
..RESPONDENTS
Mr. R.H. Mewara, Advocate for petitioner
Mr. S.D. Ghayal, A.P.P. for respondent no.2 – State
Mr. S.S. Patil, Advocate for respondent no.3
Mr. Y.H. Jadhav, Advocate h/f Mr. G.A. Nagori, Advocate for respondent no.4
CORAM : SMT. ANUJA PRABHUDESSAI AND
R.M. JOSHI, JJ.
DATE : 04th JANUARY, 2023
PER COURT :
1. This petition is filed alleging non-compliance of order dated 28th June, 2017 passed by this Court in Public Interest Litigation No. 94 of 2015.
2.The petition itself indicates that the order has been complied. The
only grievance appears to be that the order was not complied with within the
time stipulated in the order. The delay per se would not constitute contempt
unless it is shown to be willful. When we expressed disinclination to
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982-CP-302-19.odt
entertain the petition, learned counsel for the petitioner, on instructions,
sought leave to withdraw the petition.
3. Leave granted. Contempt petition is disposed of as withdrawn. Civil application stands disposed of in view of withdrawal of the petition.
( R.M. JOSHI, J. )( SMT. ANUJA PRABHUDESSAI, J. )
SSD
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Sharad Nago Chinawale
State of Maharashtra
AnuJa PrabhuDessai
R.M. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court