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Bombay High CourtCP/306/2017disposed off

Parvati Co-Operative Industrial Estate Ltd., v. Grampanchayat Yadrav And ORS

2017-07-06Hon'Ble Smt. Justice Vibha Vasant Kankanwadi,Hon'Ble Shri Justice A.S. Oka2 pages

cpst4147 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION ST.NO.4147 OF 2016 IN WRIT PETITION NO.6477 OF 2013 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.T.S.Ingale for the Petitioner Mr.A.A.Alaspurkar, AGP for the Respondent No.3 CORAM :A.S.OKA AND SMT.VIBHA KANKANWADI,JJ.

DATE : JULY 6, 2017 P.C.

The breach alleged is of the order dated 24th February 2014 in Writ Petition No.6477 of 2013 and in particular a direction given in paragraph 18 to the Village Panchayat to consider the application made by the petitioner. The breach alleged in this petition is that the said application made by the petitioner is not being decided.

In response to the application for refund made on 21st April 2014, the Village Panchayat addressed a letter to the petitioner on 22nd May 2014 calling

cpst4147 upon the petitioner to submit details as indicated in paragraph 8 of the said letter. The petitioner is relying upon the letter dated 30th August 2014 addressed to the Village Panchayat which is styled as reminder-II. Along with the said letter, the details as specified in paragraph 8 of the aforesaid letter have not been set out.

The learned counsel for the petitioner tenders across the bar a letter dated 17th April 2014 addressed by the petitioner to the Village Panchayat.

Even in the said letter, no details have been provided. As of today, it cannot be said that any wilful breach is committed by the Village Panchayat.

Hence, no case is made out to initiate action against the Village Panchayat.

Contempt petition is disposed of.

(VIBHA KANKANWADI,J.) (A.S.OKA,J.)