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Bombay High CourtCP/44/2016disposed off

Momin Shahjahan Begum Mohammed Tasleem v. Shri Balaji N. Khatgaonkar, The Commissioner,

2016-01-19Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Shri Justice A.S. Oka2 pages

CONP.696.2016WP.8279.2015(39) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION CONTEMPT PETITION NO. 696 OF 2016 IN WRIT PETITION NO. 8279 OF 2015 Mrs. Momin Shahjan Tasleem

...Petitioner

Vs.

Bhiwandi Nizampur Nagar Mahapalika & Ors.

...Respondents

Mr. Firoz A. Ansari for the Petitioner Mr. V.S. Gokhale AGP for the Respondent Nos. 3 to 6 Mr. Amol Mhatre for the Respondent Nos. 8 to 11 Mr. N.R. Bubna for the Respondent No.2 CORAM :

A.S.OKA, & C.V. BHADANG, JJ.

DATE : JANUARY 19, 2016 P.C.:

Not on board. Taken on board.

1.

Heard the learned Counsel appearing for the petitioner. The breach alleged is of the following order passed by this Court on 30th September 2015.

"P.C.

Not on board. Taken on board.

By this petition, the challenge is to the permission granted on 27th November, 2014. Writ petition is filed on 16th July, 2015. Hence, there is no reason to change the scheduled date. Petition to come up on scheduled date which is 2nd December, 2015. In the meanwhile, issue notice to the respondent Nos. 7 to 13. In addition to service of notice

CONP.696.2016WP.8279.2015(39) through Court, private service is permitted". 2.

There is no interim or ad-interim order passed by this Court. Therefore, the alleged action of respondents of continuing construction will not amount to a breach of the order dated 30th September, 2015. Hence no case is made out for entertaining this contempt petition. The petition is accordingly disposed of. (C.V. BHADANG,J.) (A.S.OKA,J.)