Bombay High Court
President Khandesh College ... vs Hemchandra Jaysing Bagave And Ors on 20 April, 2017
Bench: P.R. Bora
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4954 OF 1998
1. The President Khandesh College
Education Society, M.J. College,
Jalgaon, Tq. & Dist. Jalgaon.
2. The Principal, Khandesh College
Education Society, Industrial Training
Institute, Maniyar Law College,
Jalgaon. ... Petitioners
Vs.
1. Hemchandra Jaysing Baghave,
Age: 45 years, Occu: Service,
R/o Gavit Bungalow, Malegaon Camp,
Malegaon, Dist. Nashik.
2. The State of Maharashtra,
through G.P. High Court, A'bad. ... Respondents
with
WRIT PETITION NO. 4955 OF 1998
1. The President Khandesh College
Education Society, M.J. College,
Jalgaon, Tq. & Dist. Jalgaon.
2. The Principal, Khandesh College
Education Society, Industrial Training
Institute, Maniyar Law College,
Jalgaon. ... Petitioners
Vs.
1. Anil Raghunath Chaudhari,
Age: 34 years, Occu: Service,
R/o Near Shankar Appa Nagar,
Near Darshan Lime Depot, Gut No.
9/2/1B, Plot No.4, Pimprala,
Tq. & Dist. Jalgaon.
2. The State of Maharashtra,
through G.P. High Court, A'bad. ... Respondents
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----
Mr. V.T. Choudhari, Advocate for the Petitioners.
Mr. Ajay G. Talhar, Advocate for Respondent No.1.
Mr. S.N. Kendre, A.G.P. for Respondent-state.
----
CORAM : P.R. BORA, J.
DATE : 20-04-2017.
ORAL JUDGMENT :
1. Since the issues raised in both the Writ Petitions are
common, I have heard the common arguments in both the Writ
Petitions and I deem it appropriate to decide both these Writ
Petitions by common reasoning.
2. The order dated 19.09.1997 and the order dated
17.10.1997 passed by the School Tribunal, Nashik respectively in
Contempt Application No. 3 of 1996 and Contempt Application No. 4
of 1996 are challenged by the petitioners in the present Writ
Petitions. Identical orders are passed by the School Tribunal in both
the aforesaid Contempt Applications.
3. Shri V.T. Choudhari, the learned counsel appearing for
the petitioners submits that, the petitioners have already complied
with the order passed by the School Tribunal and, as such, the
impugned order could not have been passed by the School Tribunal.
The learned counsel tendered across the bar the copy of the
common order passed by this Court in Writ Petition No. 1629 of
1996 with connected Writ Petitions decided on 18.06.2008. The
learned counsel more particularly invited my attention to para no. 7
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of the said order which reads thus:
7. Now it appears from the subsequent development
(after filing all these four writ petitions) that
respondent no.1 were absorbed as per the directions
given by the School Tribunal earlier. Thus the orders
which are challenged by these writ petitions are
obeyed. However, subsequently a new cause of
action had arisen for which necessary proceedings
are filed by the concerned respondent no.1. In this
view of the matter, it is humbly submitted by
learned A.G.P.s. Smt. Autade and Shri Tele that
these writ petitions do not survive as they have
become infructuous because of the subsequent
developments. I agree with the submission.
4. Shri Ajay G. Talhar, the learned counsel appearing for
the respondent no.1 submits that, in the orders passed by the
School Tribunal, Nashik in Appeal Nos. 20 of 1994 and 36 of 1994
decided on 23.01.1996, Rule 26 (3) was directed to be followed.
The learned counsel submitted that, though, the petitioners have
reinstated the respondents and have, thus, partly complied with the
order, the further part of the order is still not complied with. The
learned counsel therefore supported the order passed by the School
Tribunal impugned in the present petitions.
5. After having considered the submissions and after
having gone through the record, I am however, not convinced with
the submissions advanced on behalf of the respondents. In fact the
order dated 23.01.1996 is vague order. In view of the fact that, the
respondents in the present matter were duly represented in Writ
Petition Nos. 1629 of 1996 and 1631 of 1996, wherein, this Court
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has in clear terms observed that the order of the School Tribunal
has been complied with, the impugned orders cannot be sustained
and deserve to be set aside. Hence the following order:
ORDER
i) The Writ Petitions are allowed.
ii) The order passed by the School Tribunal, Nashik
in Contempt Application No. 3 of 1996 on
19.09.1997 and in Contempt Application No. 4 of
1996 on 17.10.1997 are quashed and set aside.
iii) Rule made absolute in above said terms.
(P.R. BORA)
JUDGE
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