Bombay High Court
Suresh Motidev Kesare vs Smt Saumya Sharma Chief Executive ... on 2 May, 2024
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, AT NAGPUR.
CONTEMPT PETITION NO. 23 OF 2024
(Suresh Motidev Kesare and others Vs. Smt. Saumya Sharma, CEO, ZP, Nagpur and others)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. P.D. Meghe, counsel for petitioners,
Mr. M.A. Sable, counsel for respondent No. 2.
CORAM : NITIN W. SAMBRE &
ABHAY J. MANTRI, JJ.
DATED : 02-05-2024
This Contempt Petition is preferred for non-
compliance of the directions issued in Writ Petition
No. 755/2014 on 21.3.2023.
2. After the contempt notice was served on the
respondents - contemnor, learned counsel
Mr. M.A. Sable has put his appearance for the contemnor
who has submitted that the Zilla Parishad has already
lodged Special Leave Petition recently questioning the
aforesaid judgment and as such, hearing of the present
petition be deferred.
3. He has relied upon the communication in that
regard of the advocate on record (Apex Court). In
addition, his contentions are that remedy of SLP is a
statutory remedy and in such eventuality, the Court
should take judicial note of pendency of the SLP and
shall grant time to the respondents to await decision in
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the aforesaid SLP.
4. As against above, learned counsel Mr. P.D. Meghe
has pointed out that the order dated 21.3.2023 on which
contempt is alleged, is based on the Division Bench
decision of this Court in Writ Petition Nos. 1531/2019
and 2009/2018, decided on 6.8.2019 and 30.9.2019,
respectively. Similarly, he would urge that other Writ
Petition Nos. 438, 436,439,441,442,447 and 829 of 2017
involving the very same issue is decided by this Court on
4.5.2023.
5. With regard to the aforesaid order dated
4.5.2023, compliance has already been made by the Zilla
Parishad and the respondent officers. He would claim
that in the aforesaid judgment delivered in Writ Petition
No. 438/2017 with connected matters, reliance is placed
on the judgment in the present Writ Petition 755/2014 of
which contempt is alleged. As such, he would urge that
respondent is aggravating the contempt.
6. We have appreciated the aforesaid submissions.
The fact remains that it can be seen from record that
non-compliance alleged is pertaining to the order dated
21.3.2023 delivered in Writ Petition No. 755/2024 which
was also taken into account while deciding Writ Petition
No. 438/2017 with connected matters decided on
4.5.2023.
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7. It is not disputed before us that the judgment
delivered in Writ Petition No. 438/2017 is already
complied with by the Zilla Parishad as could be inferred
from communication dated 19.1.2024.
8. As such, it has to be noted that the respondents
are adopting the policy of pick and choose as in relation
to similarly placed persons, the order is already complied
with as could be inferred by communication dated
19.1.2024.
9. The claim of the respondents that they have also
approached the Hon'ble Apex Court out of the legal
remedy provided to them cannot be disputed. However,
this Court required to be sensitive to the fact that it is
only after this Court issued contempt notice to
respondents i.e. on 18.1.2024, they have chosen to file
SLP before the Apex Court and that too on 18.4.2024.
10. The aforesaid act on the part of the respondents
of not complying the order of this Court of which
contempt is alleged can be seriously viewed as the act of
the respondents of disrespect and disregard to the orders
of this Court.
11. As such, we deem it appropriate to defer hearing
of this petition to 10.6.2024.
12. In case, if there is no interim relief in the SLP and
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if there is failure to compliance of the order dated
21.3.2023, we direct respondent No. 2 to remain present
so as to enable us to frame charge against her under the
Contempt of Courts Act.
13. Stand over to 10.6.2024.
(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.)
Belkhede
Signed by: Mr. R. S. Belkhede
Designation: PA To Honourable Judge
Date: 06/05/2024 13:04:04
