Gramin Vikas Shikshan Sanstha, ... vs State Of Maharashtra, Thr. ...
2022 Latest Caselaw 2572 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

                      CONTEMPT PETITION NO. 17 OF 2020
                                     IN
                      WRIT PETITION NO. 6201 OF 2019 (D)

                     Gramin Vikas Shikshan Sanstha, Chadrapur
                                          Vs.
 State of Maharashtra, Thru. Secretary to Ministry of Education, Mantralaya, Mumbai
                                       and Ors.
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Mr. R.L. Khapre, Senior Advocate a/by Mr. D.R. Khapre, Advocate for petitioner.

Mr. K.L. Dharmadhikari, AGP for respondent/State.

                                        CORAM          :       MANISH PITALE J.
                                        DATE           :       15.03.2022.

It is an undisputed position that the writ petition in which an interim order was passed and contempt of which is alleged, itself was disposed of as infructuous by an order dated 03.09.2021, passed by this Court.

2. The writ petition was disposed of as infructuous because the proceedings from which the said Writ Petition No.6201/2019 arose, was itself disposed of by the Joint Charity Commissioner. There is no dispute about the fact that the order of the Joint

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Charity Commissioner is now the subject matter of challenge in this Court by way of Writ Petition No.1413/2022.

3. In this backdrop, learned counsel appearing for the respondents/alleged contemnors submits that the present petition can be disposed of, in view of the fact that the writ petition itself was disposed of by order dated 03.09.2021. Learned counsel appearing for the petitioner submits that as long as the said writ petition was alive and interim order was operating, the respondents could not flouted the same and that therefore, it cannot be said that the present petition can be disposed of as such.

4. Reliance is placed on the judgment of the Hon'ble Supreme Court in the cases of Ravi S. Naik Vs. Union of India and Others, 1994 Supp (2) SCC

5. Having considered the rival submissions, this Court is of the opinion that this contempt petition can be conveniently heard with Writ Petition No.1413/2022.

JUDGE Digitally signed by PRITY S PRITY S GABHANE GABHANE Date:

2022.03.16 18:44:20 +0530

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