1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Contempt Petition No.223 of 2011 (Mr. Pramod s/o Dadaji Anantwar v. Mrs. Jaya Raut, District Social Welfare Officer, Zilla Parishad, Wardha) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri B.N. Jaipurkar, Advocte for Petitioner. Coram : R.K. Deshpande, J. Dated : 8 th December, 2011 1. The learned Incharge Deputy Charity Commissioner, Nagpur Region, Nagpur, passed an order on 15-5-1999 in Change Report Inquiry No.436 of 1999 as under : “1) Change Report Exh.No.1 is hereby accepted. 2) Schedule-I of Public Trust Register to be amended accordingly. 3) No order as to costs. 4) Parties to be informed accordingly.” 2. In Appeal No.18 of 1999 challenging the aforesaid order, the learned Joint Charity Commissioner, Nagpur, passed an order on 17-7-1999 as under : “1) Appeal is dismissed with no order as to costs. 2) The order passed by the lower authority is 2 hereby confirmed.” 3. The aforesaid order was the subject-matter of challenge in Misc. Civil Application No.447 of 1999. The learned 4 th Additional District Judge, Nagpur, passed an order on 16-3-2000 as under : “ The appeal is allowed. The impugned order passed by learned Joint Charity Commissioner Dt. 17.7.99 is set aside. The case is remanded to the Assistant Charity Commissioner or Deputy Charity Commissioner or learned Jt. Charity Commissioner may give direction according to law so that the claim of the appellant shall be decided after giving opportunity to him and in accordance with law applicable thereto. No order as to costs.” 4. The aforesaid order is the subject-matter of challenge in Second Appeal No.167 of 2000. In the said Second Appeal, Civil Application No.3103 of 2000 was filed, claiming the relief as under : “It is, therefore, prayed that this Hon'ble Court be pleased to stay the effect and operation of the impugned judgment dated 16.3.2000 passed by the Learned 4 th Additional District Judge Nagpur in M.C.A. No.447/99 during the pendency of the said appeal.” 3 5. On 25-7-2001, this Court passed an order on the said Civil Application as under : “ Heard Mr. Debey, advocate for the appellant and Mr. Khamborkar, Advocate for the respondent. Substantial question of law in this Second Appeal is incorporated in Ground No.2 and 3. In that view of the matter, Admit. Interim relief in terms of C.A. 3103/2000. Since the question involved in the second appeal is short, the second appeal needs to be disposed of at early date. Hence, the second appeal may be placed for hearing in the 3 rd week of June, 2002.” 6. The contention of the learned counsel for the petitioner on the basis of the aforesaid order is that this Court has granted stay to the effect and operation of the order dated 16-3-2000 passed by the learned 4 th Additional District Judge, Nagpur, as a result of which the order dated 15-5-1999 passed by the learned Incharge Deputy Charity Commissioner, Nagpur Region, Nagpur, in Change Report Inquiry No.436/99, revives. As per the order dated 15-5-1999, accepting the Change Report, the petitioner claims to be the President of the Society. 7. The complaint in this contempt petition is that the respondent has filed submissions in Writ Petition No.4102 of 2010, and in para 4 of the submissions, the statement is made that 4 the fact remains that the dispute regarding the management of the petitioner-Society is still pending before the Charity Commissioner, Nagpur. It is further alleged that in the submissions filed by the respondent in Writ Petition No.4344 of 2010, the statement is made in para 2 that there was no legally constituted Management Committee of the petitioner-Society. In addition to this, it is alleged that by an order dated 15-6-2010/2-7-2010, respondent No.1 has authorized the Head Master of the School to carry out the administrative duties. This, according to the learned counsel for the petitioner, amounts to contempt of Court. 9. The submission of the learned counsel for the petitioner that as a result of the interim order dated 25-7-2010 passed by this Court staying the effect and operation of the order dated 16-3-2000 passed Misc. Civil Application No.447 of 1999, the order dated 15-5-1999 passed by the learned Incharge Deputy Charity Commissioner, Nagpur Region, Nagpur, in Change Report Inquiry No.436/99, revives, cannot be accepted. The effect of stay granted by this Court is that the order of remand has been stayed. Similarly, there is a stay to the order dated 17-7-1999 passed by the learned Joint Charity Commissioner, Nagpur. As a result, the Misc. Civil Application No.447 of 1999 remains pending and thereby the dispute exists. 10. Hence, no case is made out for contempt of Court. The Contempt Petition is, therefore, dismissed. Judge pdl