Kaluram Dagadu Salunke v. Ajay More

by VIDYA SURESH AMIN Date:

2023.07.06 14:50:39 +0530 VIDYA SURESH AMIN 12.CP299_2023.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 299 OF 2023 IN WRIT PETITION NO. 1851 OF 2022 Kaluram Dagadu Salunke ... Petitioner

Versus

Ajay More, Additional Collector, Pune & Ors.

...Respondents

Mr. Nitin P. Deshpande for the petitioner.

Ms. Shruti D. Vyas, 'B' Panel counsel for the State. Mr. Siddharth Bhandare, I/c. DRO, Pune, Deputy Collector Resettlement, Pune present.

_______________________

CORAM:

G. S. KULKARNI & JITENDRA JAIN, JJ.

DATED:

5 July, 2023 _______________________ P.C.

1.

We have heard Mr. Deshpande, learned counsel for the petitioner and Ms. Shruti Vyas, learned AGP for the respondent/State. 2.

This petition has been filed praying for the following reliefs: "A.This Hon'ble Court may punish the respondents for committing contempt of the order dated 20.04.2022 passed by the Hon'ble Court in Writ Petition No. 1851 of 2022 as per the provisions of Contempt of Courts Act, 1971 and further direct the respondents to allot to the peitioner land bearing Gat nos. 1380/1/1 or Gat no. 876 situated at Shikrapur, Tal. - Shirur, Dist. Pune."

3.

It appears that thereafter the Deputy Collector has undertaken scrutiny of the documents and the petitioner was called upon to remain present for hearing on 13 April, 2023 at 11 a.m. It appears that the petitioner did not remain present, from what is contended by Ms. Vyas on instructions. Mr. 5 July, 2023

12.CP299_2023.DOC Deshpande, learned counsel for the petitioner submits that his clients is willing to appear before Mr. Siddharth Bhandare, Deputy Collector Resettlement/District Resettlement Officer.

4.

Ms. Vyas, on instructions from Mr. Siddharth Bhandare, who is present in the Court states that the petitioner can appear before him on 10 July, 2023 at 11 a.m. when the said officer would hear the petitioner and proceed to take appropriate steps as permissible in law.

5.

In this view of the matter, as a decision would be required to be taken by the respondent, in our opinion, further adjudication of the petition is not warranted. We, accordingly, dispose of the petition directing the District Resettlement Officer to take appropriate decision and communicate the same to the petitioner within a period of four weeks from the date of hearing. All contentions of the parties are expressly kept open. Ordered accordingly. 6.

Disposed of in the above terms. No costs.

7.

Parties to act on the authenticated copy of this order. (JITENDRA JAIN, J.) (G. S. KULKARNI , J.) 5 July, 2023