1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Contempt Petition No. 230/2006 IN Writ Petition No. 722/2004 (Dilip Shriram Ingle Versus G.N. Wahurwagh) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Mr. R.B. Dhore h/f Mr. Joshi, counsel for the petitioner. Mr. De, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 11, 2008. Heard. The petitioner seeks an action against the respondent under the provisions of Contempt of Courts Act for not complying with the order dated 19.04.2004 in Writ Petition No.722/2004. I Have perused the order dated 19.04.2004 passed in Writ Petition No.722/2004. It appears from the title clause of Writ Petition No.722/2004 that the petitioner in the instant contempt petition is not the petitioner in Writ Petition No.722/2004. The present petition is filed by one Dilip Ingle, whereas, the petitioner in Writ Petition No.722/2004, wherein the order dated 19.04.2004 was passed, is one Ghulam Rasool. Moreover, a perusal of the order passed by this Court on 19.04.2004 reveals that the respondent was directed to make a fresh enquiry in the matter by giving sufficient opportunity of 2 hearing to Ghulam Rasool who was the petitioner in the writ petition and also after getting the controversy examined from the Pollution Control Board. It is brought to the notice of this Court by the documents annexed to the affidavit-in-reply filed by the respondent that the respondent had issued communications to the authorities of the Pollution Control Board for necessary advise and instructions in the matter pertaining to the cause of action in Writ Petition No.722/2004 filed by Ghulam Rasool. Thus, it is further clear that the respondent Municipal Council has taken steps to get the controversy examined from the Pollution Control Board and the inaction on the part of the Pollution Control Board cannot make the respondent Municipal Council liable for the action under the provisions of the Contempt of Courts Act. For the reasons aforesaid, the contempt petition is dismissed. JUDGE APTE