1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CONTEMPT PETITION NO. 77 OF 2010 IN WRIT PETITION NO. 3366 OF 2009 Captain Praveen Kumar & Others Vs. M. Rameshkumar & Others Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri S. D. Chopde Adv for petitioner. Shri N. W. Sambre Govt. Pleader for respondents. CORAM: .R. K. DESHPANDE J. Dated: 23 rd SEPTEMBER, 2010. This contempt petition complains about willful disobedience/breach of the order dated 11th August 2009 passed in Writ Petition No. 3366 of 2009. By this order this Court had granted interim relief to the petitioners in the said Writ Petition in terms of prayer clauses (c), (d) and (e). The said prayer clauses are reproduced below: “(c) By interim order grant stay of the part of Government Resolution imposing prohibition in column no.3 against item no.4 in paragraph nos. 3 and 4 of the Government 2 Resolution no. LCS 0606/Case No. 54/J-1 dated 25-5- 2007, Revenue and Forest Department, Mantralaya, Mumbai and more particularly in Marathi 4 1067 sq.ft. Not applicable A 20% As above and direct that even a non government servant or Group ‘A’ , ‘B’ Government Servants shall be eligible to get flat of the size 1076 sq. ft. with any Cooperative Housing Society and respondent No.3, pending disposal of the petition. (d) By interim order stay the order dated 5.11.2008, Annexure B issued by respondent no.1, and direct that petitioner shall be entitled to relaxation provided for “ex-serviceman’ as per addendum ‘A’ to Government Resolution dated 25th of May 2007 Annexure-C, pending disposal of the petition. (e) By interim order stay the communication dated 3.5.2009, Annexure-A issued by respondent No.2 and direct R-2 Society ignoring order dated 5-11-2008 at Annexure-B.” Contempt Petitioner is not the petitioner in Writ Petition No. 3366 of 2009. The complaint in the contempt petition is that in terms of interim orders passed by this Court, the Collector is duty bound to scrutinize the proposal in the light of Government Resolution dated 25th May 2007 and to take appropriate decision in that regard. It is further averred that proposal regarding approval of the membership of the petitioners is pending with the respondents since long but no decision on the same has been taken. It is, therefore, alleged that respondents authorities are 3 deliberately delaying the implementation of the orders passed by this Court granting interim relief in terms of prayer clauses as stated above. 2] At the out set, it is required to be noted that there neither any direction given by this Court to the respondents to take decision on any proposal submitted by the petitioners, neither there is any time limit prescribed for consideration of such proposal by the authority. In terms of prayer clause (c) reproduced above a direction is issued that even a Non Government Servant or Group ‘A’, ‘B’ Government Servants shall be eligible to get flat of the size of 1076 sq. ft. with any Cooperative Housing Society and respondent no.3 pending the disposal of the petition. It merely makes the Non Government Servant or Group ‘A’ ‘B’ Government Servant eligible to get the flat. In terms of the prayer clause (d) petitioners are held entitled to relaxation provided for ex-serviceman as per addendum ‘A’ to Government Resolution dated 25th May 2007 at Annexure ‘C’ to the petition. Thus prayer clause (d) also deals with the entitlement of relaxation to the ex-serviceman . In terms of prayer clause (e) direction is issued to the respondent no.2 to consider/admit person as Member by respondent no.2 society ignoring the order dated 5th November 2008. There is no time limit prescribed for such consideration or admission of persons as member of respondent no.2 Society. 3] In response to contempt petition, an afffidavit has been filed 4 by the Additional Chief Secretary (Revenue) dated 29th June 2010 stating that feasibility by challenging the order passed by this Court on 11th August 2009 (of which contempt is complained of) was also examined by soliciting the opinion of the Law and Judiciary Department. The proposal for challenging it has been approved and the steps are being taken for filing an appeal. It is further stated that application submitted by Adarsha Cooperative Housing Society for approval of the Members including the name of the present petitioner is under consideration of the Government for decision. Shri Sambre learned Government Pleader has made a statement that after the interim order is passed by this Court the flats have not been allotted to any one so as to defeat any right of the petitioner, if at all there is any. 4] Hence, in view of the fact that no directions are issued by this Court, as pointed out in earlier para and that no time limit is fixed for compliance of order and that no overt act has been done by respondents to defeat the right of petitioner, no case is made out for proceeding with this contempt petition. There is neither any breach nor willful disobedience of the interim orders passed by this Court on 11th August 2009 in Writ Petition No. 3366 of 2009. There is no substance in the petition. The same is therefore dismissed. JUDGE 5 svk 6 7 8