Vishnu Krishna Darwatkar v. The State Of Maharashtra, Thr Secretary, Revenue And Forest Department

1- CP 214 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION No. 214 OF 2021 Vishnu Krishna Darwatkar

...Petitioner

Vs.

The State of Maharashtra, Thr. Secretary, Revenue And Forest Department ....Respondent Mr. Y.B. Lengare a/w. Ms. Snehal Avhad, Advocate for the Petitioner. Ms. Sushma S. B hende, AGP for State CORAM:- R.D. DHANUKA & GAURI GODSE, JJ.

DATE :- 6 APRIL, 2023 P. C.:

1.

The Contempt Petition is filed praying for initiating of action against Respondent Nos. 2,3 and 4 for committing breach of the order dated 8 November, 2019 passed in Writ Petition No. 9920 of 2019.

2.

Learned AGP appearing for the Respondents tenders a copy of an Affidavit in Reply filed on behalf of Respondent No.3. In the Affidavit in Reply, it is stated that the order, against which the contempt petition is filed, is already Tikam page 1 of 2

1- CP 214 of 2021.doc complied with and necessary order is passed on 15 September, 2021. In the Affidavit in Reply, it is also stated that the application filed by the Petitioner on 29 July, 2022 to Deputy Collector [Rehabilitation] for allotment of alternate land, has also been decided on 29 March, 2023. The Learned AGP, therefore, submits that there is no breach committed as alleged by the Petitioner and therefore, the Contempt Petition may be disposed of.

3.

We have perused the Affidavit in Reply filed on behalf of Respondent No.3 as well as the copy of the order annexed to the Affidavit in Reply, which shows that the Order dated 8 November, 2019 passed in Writ Petition No. 9920 of 2019 is already complied with. Hence, Contempt Petition is disposed of.

4.

In the event, Petitioner is aggrieved, he would be at liberty to take out an appropriate proceedings for challenging the order passed by Respondent No.3. All contentions of both the parties are kept open.

(GAURI GODSE, J.) ( R.D.DHANUKA, J. ) Tikam page 2 of 2