1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO. 253 OF 2009 Mahavir Labour Industrial Co-operative Society, Through its President, Ulhas S/o. Ashokchand Sancheti, R/o. MIDC Area, Beed, Taluka and District Beed. ....Petitioner. Versus The State of Maharashtra & others ....Respondents. Shri. P.D. Bachate, Advocate for the petitioner. Shri. S.K. Kadam, Advocate for the respondent Nos. 1. CORAM : R.K. DESHPANDE, J. DATE : 2nd December, 2009 ORAL ORDER : 1. This petition complains that in Writ Petition No. 5511/2007 which is renumbered as 842/2009, pending before this Court for adjudication, it is alleged that the respondents have filed an affidavit in the said writ petition. In the initial affidavit dated 21st of August 2007, the following statements are made in para No. 6 :- 2 "Similarly, allegations were made of corruption in regard to the aforesaid tender process by various communications received by the Government from various sources during the period 13th February, 2007 to 19th February, 2007. Consequently, Managing Director of the 5th Respondent was directed to make a thorough enquiry in this regard and submit his report to the State Government vide communication dated 22nd February. 2007, which report was received by the State Government on 26th February, 2007." Thereafter, in para 7, the following statement is made :- "This report expresses definite doubt about the aforesaid rate of Rs.20,000/- per stall and concludes that the aforesaid tender process needs to be scrapped and re-tendering is recommended." 2. However, in spite of this, subsequently the respondents have issued work orders in favour of respondent Nos. 5 to 10. Thus, the action of the respondents is not in conformity with their affidavit and therefore, this amounts to contempt of Court. 3. The main writ petition is pending before this Court for adjudication, merely because certain contradictory statements are made or the action of the respondents is not in conformity with the affidavit which they have filed, that does not amount to contempt of Court. The writ Court is seized with the matter and the petitioner can make this complaint in the writ petition. 3 4. In view of above, there is no substance in the present contempt petition. The same is, therefore, dismissed. [ R.K. DESHPANDE, J. ] ssc/cp253.09