cp64.11.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CONTEMPT PETN. NO.64/2011 Smt.Narsamma Hiraiyya Educational Trust and another -vs- Mahesh Pathak, Secretary, Higher Education Department ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri Anand Parchure, counsel for the petitioners. Smt. Dangre, A.G.P. for the respondents. . CORAM : SMT. VASANTI A. NAIK, J. DATE : 09.09.2011. By this petition, the petitioners seek action against the respondents under the provisions of the Contempt of Courts Act for willfully disobeying the order passed by this Court on 18th January, 2011 in Writ Petition No.3510/2010 directing the respondents to decide the representation of the petitioners dated 19/12/2007 within a period of four weeks from the date of the communication of the order. It is the case of the petitioners that the respondents had not complied with the order passed by this Court on 18th January, 2011 within a period of four weeks from the date of communication of the order or till the filing of the contempt petition. After the notice was issued to the respondents, the respondent No.1 has filed an affidavit in reply on 12/07/2011. It is stated in the affidavit that the respondent No.1 was cp64.11.odt 2/3 transferred to the office of the Commissioner, Municipal Corporation, Pune on 10/05/2011 and hence the order was not complied within the stipulated time. It is stated in the affidavit that the respondent prepared a proposal after receiving a copy of the order of which the contempt is alleged and submitted the same to the Hon’ble Chief Minister on 20/04/2011. The Chief Minister had accorded sanction to place the said proposal before the next meeting of the Cabinet. It is further stated in the affidavit that the Cabinet was likely to take decision in the next meeting and the said decision would be communicated to the petitioners. It is stated in the affidavit that in this background, there was some delay in deciding the representation of the petitioners. Another affidavit was filed by the respondent No.2 on 29th August, 2011. It is stated in the affidavit that a policy decision is taken by the State Government and the State Government has decided to bring certain number of colleges on 100% grant-in-aid basis with effect from 1st April, 2011. It is stated in the affidavit that in view of the decision taken by the Government, the grievance of the petitioners stands redressed and the prayer made by the petitioners for a direction to the respondents to purge the contempt and comply with the direction issued by this Court on 18/01/2011 stands granted. On perusal of the affidavits filed by the respondents Nos.1 and 2, it appears that the respondents have not deliberately flouted the orders passed by this Court on cp64.11.odt 3/3 18/01/2011 and hence, it is necessary to drop the contempt proceedings initiated against the respondents. Hence, for the reasons aforesaid, the contempt petition is disposed of and the proceedings initiated against the respondents are dropped. No order as to costs. JUDGE KHUNTE