Mr. Harihar Prasad Vijairam Gound v. Mr. Bhalchandra Thakrey, Ex-Secretary, Sra And ORS

cp-195.15 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.195 OF 2015 IN WRIT PETITION NO.1346 OF 2013 Mr. Harihar Prasad Vijairam Gound ... Petitioner

Versus

Mr. Bhalchandra Thakrey & Ors.

... Respondents Mr. Sagar Bataria i/by Mr. Angad Giri for the Petitioner. Mr. Girish D. Utangale i/by M/s. Utangale & Co. for the Respondent Nos.1 and 2.

Mrs. M.P. Thakur, AGP for the Respondent No.3. CORAM : A.S. OKA & G.S. PATEL, JJ.

DATE : 21st DECEMBER, 2015 P.C.

.

The breach alleged in this Petition is of the order dated 25th November, 2013. We have perused the affidavit of Shri S.S. Bhise, the Secretary of the Slum Rehabilitation Authority (SRA). A copy of the order dated 11th June, 2915 passed by the Additional Collector (Encroachment/Eviction), Western Suburbs, Mumbai is filed on record. The Secretary of the SRA has tendered an apology for the delay. We accept the said apology. Though belatedly, there is a compliance made with the order of this Court of which breach is complained of. It is not a

cp-195.15 case of a deliberate breach. Hence, no case is made out to initiate action under the Contempt of Courts Act, 1971. The Petition is disposed of. We, however, make it clear that if the Petitioner is aggrieved by the order dated 11th June, 2015, it will be open for him to adopt appropriate remedies in accordance with law.

(G.S. PATEL, J ) (A.S. OKA, J )