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Bombay High CourtCP/289/2016

Gramasth Mandal, Patnoli Thru Krishna Patil v. The State Of Maharashtra, Thru Secretary

2018-03-13Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

27.cp.289.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.289 OF 2016 IN WRIT PETITION NO. 5956 OF 2013 Gramasth Mandal, Patnoli ..Petitioner Vs.

The State of Maharashtra and Another ..Respondents Mr. G. N. Salunkhe, for the Petitioner.

Mr. P. G. Sawant,AGP, for Respondent Nos. 1 and 2. CORAM:-K. K. TATED & B. P. COLABAWALLA,JJ.

DATE :- MARCH 13, 2018.

P. C.:

Heard.

The learned AGP Mr. Sawant, for Respondent Nos.1 and 2 submits that this Court by order dated 13th February, 2018 directed Respondent No.2 Sub-divisional Officer, Panvel to complete the enquiry as directed by the collector, Raigad, in any case within a period of three months from the date of said order and also to remain present before this Court. The learned AGP submits that the Sub-divisional Aswale 1/2

27.cp.289.16.doc Officer has completed the enquiry and submitted his report to the Collector on 23rd February, 2018. To that effect, he has filed affidavit in reply dated 9th March, 2018. Paragraph 10 of the said reply reads thus:- "I say that accordingly, the said report was submitted by me to the Hon'ble Collector, Raigad vide my letter dated 23/02/2018. Hereto annexed and marked as Exhibit "7" is the copy of the said letter dated 23/02/2018. In view of above, the directions given by this Hon'ble Court on 23/08/2013 in Writ Petition No.5956 of 2013 and also the directions given by this Hon'ble Court vide their order dated 22/01/2018 are duly complied with. I say that there was delay in complying with the said orders. The said delay was not intentional and deliberate.

I tender my sincere unconditional apology for delay on part to comply with the aforesaid directions." The learned AGP further submits that the Subdivisional Officer tendered unconditional apology for delay on their part to comply with the said order. The same is accepted. In view of the subsequent development, nothing survives in the Contempt Petition. The Contempt Petition stands disposed of as infructuous.

( B. P. COLABAWALLA, J. ) ( K. K. TATED, J. ) Aswale 2/2