Baban Shivram Navle v. Viay Deshmukh, Additional Collector And ORS.
1 / 5 4-CP-85-2023.doc rrpillai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 85 OF 2023 Bhanudas Mama Kalawade CONTEMPT PETITION NO. 93 OF 2023 Late Mahadu Rambhau Bendure through LRS.
Kaluram Mahadu Bendhure CONTEMPT PETITION NO. 94 OF 2023 Nathu Mahadu Kalawae (Dec) through LRS, Baban Nathu Kalawade CONTEMPT PETITION NO. 91 OF 2023 Shriram Mahadu Deshmukh by RAJESHWARI RAMESH PILLAI Date:
2023.05.06 10:28:18 +0530 RAJESHWARI RAMESH PILLAI
2 / 5 4-CP-85-2023.doc CONTEMPT PETITION NO. 92 OF 2023 Baban Shivram Navle CONTEMPT PETITION NO. 88 OF 2023 Late. Genu Dhondu Jadhav, Through LRS.
Nathu Genu Jadhav CONTEMPT PETITION NO. 87 OF 2023 Shri Sitaram Bhikaji Dangale (Deceased) through LRS. Kishore Sitaram Dangale CONTEMPT PETITION NO. 90 OF 2023 Shri Nivrutti Eknath Kalawade (Deceased) through LRS Shri Vasant Nivrutti Kalawade CONTEMPT PETITION NO. 89 OF 2023 Late Mahatarba Vithu Dangale through LRS.
Shri Vitthal Mhatarba Dangle
3 / 5 4-CP-85-2023.doc CONTEMPT PETITION NO. 86 OF 2023 Late Barku Santosh Navle (Deceased) through LRS Shri Datta Alias Dattatray Santosh Navle Mr. S.A.Sawant a/w. Mr. A.P. Deshmukh and Mr. D. A. Palande, Advocate for the Petitioners in CP/85/2023 to CP/94/2023. Dr. Birendra Saraf, Advocate General a/w. Mr. P. P. Kakade, GP and Mr. R. S. Pawar, AGP for the State in above CP/85/2023 to CP/94/2023.
CORAM : R. D. DHANUKA & GAURI GODSE, JJ.
DATED : 2 MAY, 2023 P.C. :- 1.
These matters were on board from time to time alleging disobedience of orders passed by this Court. On 26th April 2023 this Court made a request to the learned Advocate General to look into the matter personally and make a statement as to which plot would be allotted to the Petitioners, more particularly because issue of eligibility is no more pending.
4 / 5 4-CP-85-2023.doc 2.
Learned Advocate General on instructions states that all these Petitioners in this Contempt Petition would be issued letters of allotment in respect of the plot identified for them within one week from today and after carrying out and after completing the survey would hand over possession of these plots to the Petitioners without fail. Statement is accepted.
3.
Learned Advocate General for the Respondent tenders copy of the letter dated 28th April 2023 from the Desk Officer, State Government addressed to the Collector (Rehabilitation). Letter is taken on record. In view of the statement made by the Advocate General on instructions, we do not propose to initiate any proceedings under the Contempt of Courts Act, 1971 against the Contemnors. Contempt Petitions are accordingly disposed of. 4.
However, the matter shall be placed on board for reporting compliance on 12th June, 2023. It is made clear that in case the statement made by the learned Advocate General is not complied with for any reasons, the Petitioner would be at liberty to apply for restoration of these Contempt Petitions.
5.
We appreciate the efforts taken by the learned Advocate General in obtaining approvals from the authorities for issuance of the letters of allotment in favour of these Petitioners within one week
5 / 5 4-CP-85-2023.doc from today and also having agreed to hand over possession within a period of two weeks thereafter.
6.
Upon handing over possession of the plots mentioned in the letter dated 28th April, 2023, the concerned authority to record the names of the allottees in the Mutation record within six weeks thereafter.
7.
Parties to act on the authenticated copy of this order. (GAURI GODSE, J.) (R. D. DHANUKA, J.)