Basavaraj Gangappa Badga vs Sheetal Teli Ugale — Bombay HC (2025) — LawSathi Research

Basavaraj Gangappa Badga vs Sheetal Teli Ugale — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No.18050 of 2023 disposed of by consent; Contempt Petition No.34 of 2024 disposed of as the Petitioners are satisfied; the writ petitions retained and listed for hearing on 19th March, 2025, with a last chance to the State to file its affidavit in reply by 27th February, 2025 failing which the Principal Secretary, Urban Development Department is to deposit Rs.25,000/- from his salary bank account, and with the Petition to stand dismissed on 28th February, 2025 if office objections are not removed by 27th February, 2025.

Issue for consideration

Whether the State Government (Respondent No.2) would file its affidavit in reply, having failed to do so for 16 months despite the order dated 27th October, 2023. +1 more

Court's answer

As a last chance, the affidavit in reply is to be filed on or before 27th February, 2025, failing which the Principal Secretary, Urban Development Department shall deposit Rs.25,000/- from his salary bank account in the Court.

Ratio / Principle

If the affidavit in reply is filed within the timeline, the rejoinder affidavit, if desired, is to be filed on or before 12th March, 2025.

Key takeaways

Office objections, if any, are to be removed on or before 27th February, 2025, failing which the Petition shall stand dismissed without reference to the Court on 28th February, 2025.ratio¶31
The Petition is to be listed for hearing, after the fresh admissions board, on 19th March, 2025.ratio¶30
By consent of the parties, Interim Application No.18050 of 2023 in Writ Petition No.13329 of 2023 is disposed of.ratio

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (Ravindra V. Ghuge and Ashwin D. Bhobe, JJ.), order dated 11th February, 2025 in Writ Petition No.15735 of 2023 (Anjana Basavaraj Kone and Ors.) and Writ Petition No.13329 of 2023 (Basavaraj Gangappa Badga and Ors.) v. The Municipal Commissioner, Solapur Municipal Corporation and Anr., with Contempt Petition No.34 of 2024. Despite an order dated 27th October, 2023 directing the Respondents to file affidavits in reply and injuncting the Solapur Municipal Corporation from issuing the advertisement to fill up the post, only the Corporation had replied; the State Government had not filed a reply for 16 months. As a last chance, the affidavit in reply was directed to be filed on or before 27th February, 2025, failing which the Principal Secretary, Urban Development Department is to deposit Rs.25,000/- from his salary bank account in the Court; rejoinder affidavit, if desired, by 12th March, 2025; Petitions listed for hearing on 19th March, 2025; office objections to be removed by 27th February, 2025, failing which the Petition stands dismissed without reference to the Court on 28th February, 2025. By consent, Interim Application No.18050 of 2023 was disposed of. Contempt Petition No.34 of 2024 was disposed of, the Petitioners being satisfied with the Corporation's statement that its Commissioner and officers have always respected and obeyed court orders and will continue to do so, any act of disobedience to be treated as aggravated contempt.

Digitally signed by GAURI AMIT GAURI GAEKWAD AMIT Date: GAEKWAD 2025.02.13 12:36:50 +0530

916.WP-15735-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.15735 OF 2023

Anjana Basavaraj Kone and Ors. ….Petitioners

Versus

The Municipal Commissioner Solapur Municipal Corporation and Anr. ….Respondents WITH

WRIT PETITION NO.13329 OF 2023 WITH INTERIM APPLICATION NO.18050 OF 2023 IN WRIT PETITION NO.13329 OF 2023

Basavaraj Gangappa Badga and Ors. ….Petitioners

Versus

The Municipal Commissioner Solapur Municipal Corporation and Anr. ….Respondents WITH

CONTEMPT PETITION NO.34 OF 2024

Basavaraj Gangappa Badga and Ors. ….Petitioners Versus Sheetal Teli Ugale and Anr. ….Respondents

Mr. S.G. Kudle for the Petitioners.

Mr. Tejas D. Deshmukh a/w. Mr. Ronak Utagikar for Respondent No.1.

Mr. S.P. Kamble, AGP for Respondent No.2.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ. DATE : 11^th FEBRUARY, 2025

P.C. :-

Despite an order dated 27^th October, 2023 directing the

Gauri Gaekwad

1 of 4

916.WP-15735-2023.odt

Respondents to file their affidavits in reply and despite injuncting the Solapur Municipal Corporation from issuing the advertisement to fill up the post, it is only the Corporation which has filed a reply. The State Government has not filed a reply for 16 months. Several times the matter was on board. Yet, the State has not filed a reply.

The learned Advocate for the Petitioners submits that the Petitioners are not interested in costs. If the affidavit in reply is filed by the State, this matter can move forward for a hearing.

In view of the above, as a last chance, let the affidavit in reply be filed on or before 27^th February, 2025, failing which the Principal Secretary, Urban Development Department shall deposit an amount of Rs.25,000/- from his salary bank account, in this Court.

In the event, the affidavit in reply is filed within the timeline, rejoinder affidavit, if desired, be filed on or before 12^th March, 2025.

2 of 4

Gauri Gaekwad

916.WP-15735-2023.odt

List this Petition for a hearing, after the fresh admissions board, on 19^th March, 2025.

Office objections, if any, to be removed, on or before 27^th February, 2025, failing which, this Petition shall stand dismissed without reference to the Court, on 28^th February, 2025.

By consent of the parties, Interim Application

No.18050 of 2023 is disposed off .

Contempt Petition No.34 of 2024

The learned Advocate Mr. Kudle submits that the

Petitioners are the employees of the Corporation and they would be satisfied if a statement is made that the Corporation respects all the Courts in India and will abide by orders passed by the Courts.

The learned Advocate for the Corporation submits that the Commissioner and all officers of the Corporation, have always respected the Courts and have always obeyed the orders of the Court and will continue to do that and if there is any act of disobedience, it

3 of 4

Gauri Gaekwad

916.WP-15735-2023.odt

may be treated as aggravated contempt.

In view of the above statement, the Contempt Petition

No.34 of 2024 is disposed off, as the Petitioners are satisfied.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)

4 of 4

Gauri Gaekwad