ca9326.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ CIVIL APPLICATION NO.9326 OF 2011 IN CONTEMPT PETITION NO.266 OF 2011 IN WRIT PETITION NO.3407 OF 2010. Eknath vs. Mujeeb Rasheed Manoor. Shri D.V. Tele, AGP for applicant. Shri P.R. Katneshwarkar, Adv. for petitioner. Shri P.R. Tandale, Adv. for R.No.4. ... CORAM : S.S. SHINDE, J. DATE : 5th August,2011. This civil application has been filed by the Secretary, Water Resources Department, Mantralaya, Mumbai, in the registry today itself. The application was mentioned for urgent hearing since the Secretary, Water Resources Department was directed to remain present on 8th August, 2011. The learned AGP who mentioned this application for urgent hearing was told to give notice to other side. Accordingly, notice is given to the Counsel for ca9326.11 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ the petitioner. The matter is taken up today itself in view of the urgency. The learned Counsel for the petitioner is present. 2 In para 4 of the civil application, it is stated that the State Government preferred SLP No. 7481/2011 challenging the order of which disobedience has been alleged in the present contempt petition. The said SLP came to be dismissed on 12th May, 2011. The intimation of dismissal of the said SLP was received by the department on 14th June, 2011. After receipt of the said communication, opinion of the Government Advocate was sought regarding feasibility of filing review application before the Supreme Court. Thereafter, the department informed the concerned field officers to implement the order of this Court of which disobedience has been alleged in the contempt ca9326.11 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ petition. It is specifically stated that the petitioner in Writ Petition No.3407 of 2011 namely Mujeeb Rashid Manoor has been reinstated in service with continuity by order dated 29.7.2011 issued by the Superintending Engineer and Vigilance Cell, Aurangabad Circle, Aurangabad and accordingly, the petitioner has joined duties. Copy of the office order is placed on record at Exh.R-1 along with application. It is stated in para 5 of the application that since the Assembly Session is in progress, the presence of the applicant may be dispensed with on 8th August, 2011. 3 The learned Counsel Mr. Tananale, appearing for respondent No.4 has tendered across the Bar his Vakalatnama and affidavit-in- reply, which is taken on record. ca9326.11 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ 4 In the light of the averments made in the application and since the order of which disobedience is alleged, has been complied with, in my opinion, the application deserves to be allowed. The application is allowed accordingly and disposed of. (S.S. SHINDE, J.) PLK/*