Pandurang B. Sapkal Deceased Thr. Lrs. v. Sunil Thorave, And ORS.

2023:BHC-AS:29392-DB Tauseef 15-CP.392.2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.392 OF 2018 IN WRIT PETITION NO.4443 OF 2017 Pandurang B. Sapkal Deceased Through LRS.

...Petitioner

Versus

Sunil Thorave & Ors.

...Respondents

******** Mr. I. M. Khairdi for the Petitioner.

Mr. S. B. Kalel, AGP for the Respondent (State). Ms. Mohini Riranath Chavan, Deputy Collector, Solapur present. Mr. Sopan Tompe, DRO, Solapur present.

******** CORAM : G. S. KULKARNI, JITENDRA JAIN, J.J.

DATE : 4th OCTOBER, 2023.

P.C.

.

This contempt petition was filed alleging that the order dated 5th April 2017 passed by the coordinate bench of this Court in Writ Petition No.4443 of 2017 was not being complied by the Respondents. The contention was that there is an intentional disobedience of the said order passed by this Court to the effect that the direction in the said order to the Rehabilitation Officer to redress the representation of the Petitioners and to dispose of the same within a period of three months from the date of the said order stood breached by the Respondents.

Tauseef 15-CP.392.2018.doc 2.

It appears that within the time-frame as directed by the Court, the said order was not complied by the Respondents. However, the reply affidavit is placed on record offering certain explanation for a delay in taking a decision. In this regard, learned AGP has drawn our attention to the reply affidavit of Dr. Rajendra Babanrao Bhosale, Collector, Solapur annexed to the said affidavit is a communication dated 20th December 2019 addressed to the Petitioner by which the representation of the Petitioner has been addressed. 3.

In our opinion, in the facts and circumstances of the present case, the contempt petition ought not to be taken any further. It is accordingly disposed of recording that the order of which contempt is alleged stands complied with by virtue of the communication dated 20th December 2019 addressed to the Petitioner. We may also clarify that if the Petitioner has any further cause of action on any such communication, the Petitioner is free to make appropriate proceedings as the law may permit. If any, proceedings to that effect are filed then, all contentions of the parties are expressly kept open. 4.

Petition is accordingly disposed of. No costs. [JITENDRA JAIN, J.] [G. S. KULKARNI, J.]