1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.; 11502 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. CIVIL APPLICATION NO.:11502 OF 2011 IN CONT. PETITION NO.:211 OF 2011 IN WRIT PETITION NO.: 10558 OF 2010 *** Sadanand Koche Dist Collector Beed VERSUS Chandresen Babu Washimbe *** Mr. D. V. Tele, Asstt. Govt. Pleader , Advocate for Petitioner Mr. B. R. Sable, Advocate for Petitioner in C.P. Mr. S. G. Sangle, Advocate for Respondent No.4 in C.P. *** 1. This civil application is filed for recalling order dated 13th September, 2011 passed by this Court issuing bailable warrant to the Collector Beed. 2. This Court, by order dated 29th August, 2011 directed the Applicant/ Collector, Beed 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.; 11502 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. to remain present before this Court on 13th September, 2011. The presence of the Collector and other Respondents was directed by passing detailed/ reasoned order on 29th August, 2011. 2. When this matter was heard on 13th September, 2011 this Court noticed that the Collector, Beed, though directed, is not present. On the said date, learned A.G.P. submitted that the Collector, Beed has to attend some meeting in Mantralaya and, therefore, is not available for Court proceeding. 3. By order dated 29th August, 2011 specific direction was given to the Collector, Beed to remain present before this Court on 13th September, 2011. The Collector, Beed was aware that he is facing contempt proceedings, and there is non- compliance of the order of which disobedience 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.; 11502 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. is alleged in the contempt petition. Inspite of having full knowledge about the order passed by this Court on 29th August, 2011, without filing any application for exemption from appearing before this Court on 13th September, 2011, the District Collector, Beed chose not to remain present. This conduct of the Collector, Beed cannot be countenanced and the stand taken by him in the application that, he was required to attend meeting with Deputy Chief Minister cannot be taken as a reasonable ground to excuse his presence on 13th September, 2011, in absence of any application filed by him for dispensing with his presence on 13th September, 2011. 4. Whenever any order is passed by the competent Court and directions are given to the State Officer to remain present, it is open for the concerned officer to file application for dispensing with his presence 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.; 11502 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. or for exemption from appearing on the date fixed for his appearance, well in advance and get the orders from the competent Court on said application. However, in the instance case, no such application was filed by the District Collector, Beed for exemption/ dispensing with presence on 13th September, 2011. When there is an order by any competent Court, the Respondent officers are bound to honour the said order. Though there are administrative exigencies unless application is filed for exemption from appearing on the specific date, no such immunity can be claimed by the officer. 5. In the facts of this case, and it is apparent from the averments in the application filed by the Collector that he went to attend the meeting which was conveyed by some department of the Government. There is no manner of doubt that for certain 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.; 11502 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. extraordinary situation, where there are administrative exigencies or the officers are summoned by the superiors, they are required to attend such meetings. However, when there is specific direction by the competent Court, unless exemption is sought, there is no option but to honour the Courts order. When the officer is confronted with the order passed by the competent Court, and direction by his superior in administration, the judicial order is bound to prevail and the concerned officer to whom directions are issued is bound by the said order unless said order is modified on an application filed by the concerned officer. Therefore, in the present case, there is no manner of doubt that the Collector has violated order of this Court dated 29th August, 2011 by which the Collector, Beed was directed to remain present before this Court on 13th September, 6 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.; 11502 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. 2011. Admittedly, the Collector, Beed, did not remain present on 13th September, 2011. At the costs of repetition, it has to be observed that the Collector, Beed did not file any application for exemption of his appearance on 13th September, 2011. In that view of the matter, the District Collector, Beed is required to be warned that in future whenever he is confronted with any Court order and when there is specific direction by the Court, he is bound to honour the said Court order inspite of having administrative compulsions to attend the meetings convened by his superiors unless he seeks exemption from the Court. 6. In the application, filed by the Collector, Beed, in para 1, the Collector has stated - "I tender my unconditional apology for non-compliance of the said order." Though this Court is not convinced with the 7 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.; 11502 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. reasons given by the Collector, Beed and perhaps he was not aware of the consequences of not obeying the order passed by this Court, has committed mistake. However, it cannot be said that there is willful disobedience as such. In that view of the matter, I am of the opinion that the order dated 13th September, 2011 may be recalled. However, valuable time of the petitioner and his Advocate has lost due to non-presence of the Collector and the matter was required to be adjourned by issuing bailable warrant to the Collector. Therefore, this is a fit case in which the Petitioner is required to be compensated. 7. The application is allowed subject to the condition of depositing cost of Rs. 3,000/- by the Collector, Beed on or before 30th September, 2011 in the Registry of this Court. 8 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.; 11502 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. 8. On depositing the amount of cost by the Collector, Beed, the petitioner will be entitled to withdraw the cost amount without any condition. 9. Learned A.G.P. informs this Court that the contempt petition is scheduled for hearing on 30th September, 2011 and the Collector, Beed is attending the Court on 30th September, 2011. 10. Learned A.G.P. is directed to communicate this order to the Applicant/ District Collector, Beed by FAX, telephone or any order fastest most of communication. 11. Authentic copy of this order is permitted to learned A.G.P. [S. S. SHINDE, J.] Dated:29/09/2011. ans/11502