Pandurang Rama Suvarna And ORS v. Shri Sandeep Jaiswal And ORS
pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.251 OF 2016 IN WRIT PETITION NO.6558 OF 2012 Pandurang Rama Suvarna and Ors.
... Petitioners Vs.
Shri Sandeep Jaiswal and Ors.
... Respondents CONTEMPT PETITION NO.204 OF 2013 IN WRIT PETITION NO.6558 OF 2012 Altaf Kedar Shaikh and Ors.
... Petitioners Vs.
Shri. Dhananjay Gosavi and Ors.
... Respondents WITH WRIT PETITION NO.6558 OF 2012 Shri. Prakash Patil and Ors.
... Petitioners Vs.
The Commissioner, Thane Municipal Corporation and Ors.
... Respondents Mr. Anilkumar K. Patil for the Petitioners.
Mr. R.S. Apte, Senior Advocate i/by Mr. Ajit R. Pitale for the Respondent Nos.2 and 3 in CP/251/2016 and for Respondent Nos.1 to 3 in CP/204/2013 and WP/6558/2012.
Mr. Manish M. Pabale, AGP for Respondent Nos.4 and 6 in CP/251/2016, for Respondent Nos.4, 5 and 7 in WP/6558/2012 and for Respondent No.4 in CP/204/2013.
Ms. Mohinee Chougule i/by Mr. Suresh Kumar for Respondent No.6 in WP/6558/2012.
CORAM : A.S. OKA & RIYAZ I. CHAGLA, JJ.
DATE :
27th MARCH, 2018
P.C.
The learned counsel appearing for the petitioners in the Writ Petition and Contempt Petition has tendered across the Bar a copy of writing executed by the petitioners which is taken on record and marked as 'W1'. He states that the petitioners in the Writ Petition have formed a society under the Societies' Registration Act, 1860 by the name Mumbra Vyapari Vikas Sanghatana. In the said affidavit, the petitioners have stated that the said organisation will represent them and instruct their Advocate. It is further stated that the decisions of the said organisation will bind petitioners in the Writ Petition. The learned counsel appearing for the petitioners has placed on record a letter dated 21 st February, 2018 addressed by the Deputy Commissioner (Zone-I), Mumbai on behalf of the Municipal Corporation of City of Thane. The said letter is addressed to the President of Mumbra Vyapari Sanghatana.
The learned counsel appearing for the petitioners states on instructions of the said Mumbra Vyapari Vikas Sanghatana which represents the petitioners that considering what is offered by the Municipal Corporation by the letter dated 21 st February, 2018 (marked 'L1' for identification), the petitioners have no subsisting grievance and
that they have accepted what is stated in the letter dated 21 st February, 2018. We accept the said statement.
The letter dated 21 st February, 2018 refers to the order passed in Writ Petition No.6558 of 2012. In fact, the said letter states that subject to terms and conditions which are set out in the said letter, the construction of tenements/ galas shall be made as per the directions issued by this Court.
Considering the fact that grievances of the petitioners have been substantially redressed it will be appropriate not to proceed further with the action under the Contempt of Courts Act, 1971 initiated in the form of two Contempt Petitions. Accordingly, we dispose of the Writ Petition No.6558 of 2012 in the light of what is stated in the said letter dated 21 st February, 2018. Action initiated under the Contempt of Courts Act in the Contempt Petition No.251 of 2016 and 204 of 2013 is dropped and notices issued are discharged. In the event, there is any difficulty in implementing what is set out in the letter dated 21 st February, 2018 parties are free to make appropriate application in the disposed of Writ Petition.
(RIYAZ I. CHAGLA, J) (A.S. OKA, J)