Case Note & Summary
The petitioner, Shri Leonard E. Lobo, a social worker and senior citizen, filed a contempt petition (Contempt Petition No. 3 of 2006) in the High Court of Bombay at Goa, arising out of Writ Petition No. 148 of 1997. The grievance pertained to objections against trading activity in Vasco Municipal Park. After cognizance of the alleged contempt was taken, respondent no.2 (Mormugao Municipal Council) took steps to remove the grievance. On the date of hearing, the petitioner in person categorically stated that he was satisfied that the entire cause of complaint was removed and no grievance remained against respondent no.2. In view of this, the court held that there was no reason to pursue the matter further, especially since independent remedy would be available if the alleged acts were repeated. The court discharged the notice issued to the respondents and disposed of the contempt petition with no order as to costs.
Headnote
A) Contempt of Court - Grievance Satisfaction - Discharge of Notice - The court considered whether to continue contempt proceedings after the respondent took steps to remove the grievance. The petitioner stated satisfaction, leading to discharge of notice and disposal of the petition. Held that no further action is required when the cause of complaint is removed, and independent remedy remains available for future acts (Paras 2-3).
Issue of Consideration
Whether the contempt petition should be pursued after the grievance raised by the petitioner has been satisfied by the respondent.
Final Decision
Notice issued to respondents stands discharged and Contempt Petition stands disposed of with no order as to costs.
Law Points
- Contempt of court
- grievance satisfaction
- discharge of notice
- disposal of contempt petition
Case Details
2006 LawText (BOM) (11) 91
CONTEMPT PETITION NO. 3 OF 2006 IN WRIT PETITION NO. 148 OF 1997
Petitioner in person, Ms. L. Dharwadkar (Addl. Govt. Advocate for Respondent No.1), Mr. S.D. Padiyar (Advocate for Respondent No.2)
State of Goa, Mormugao Municipal Council
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Contempt petition arising from writ petition regarding trading activity in Vasco Municipal Park.
Remedy Sought
Petitioner sought action against respondents for alleged contempt of court.
Filing Reason
Alleged contempt due to trading activity in Vasco Municipal Park.
Previous Decisions
Cognizance of alleged contempt was taken; respondent no.2 took steps to remove the grievance.
Issues
Whether the contempt petition should be pursued after the grievance has been satisfied.
Submissions/Arguments
Petitioner in person stated satisfaction that cause of complaint is removed and no grievance left against respondent no.2.
Ratio Decidendi
When the grievance raised in a contempt petition is satisfied and the petitioner states no grievance remains, the court may discharge the notice and dispose of the petition, leaving independent remedy available for future acts.
Judgment Excerpts
Today, the petitioner in person categorically makes a statement that he is satisfied that the entire cause of complaint is removed and no grievance is left against the respondent no.2.
In view of this position, I do not see any reason to pursue the matter any further, especially when the independent remedy would be available for the petitioner or any other citizen, if the alleged acts are repeated by the Contemnor.
Procedural History
Contempt Petition No. 3 of 2006 was filed in the High Court of Bombay at Goa arising out of Writ Petition No. 148 of 1997. After cognizance of alleged contempt was taken, respondent no.2 took steps to remove the grievance. On 8th November 2006, the petitioner stated satisfaction, leading to discharge of notice and disposal of the petition.
