Anil Tatyaba Pawar, (Since Deceased) Thr. Lrs. Nalini Anil Pawar And ORS. v. Shri. Naval Kishor Ram, The Collector And ORS.

2023:BHC-AS:30309 5.CP405_2022.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 405 OF 2022 Anil Tatyaba Pawar (since deceased) through LR ... Petitioner

Versus

Naval Kishor Ram, through Collector & Ors.

...Respondents

WITH INTERIM APPLICATION NO. 10115 OF 2022 IN CONTEMPT PETITION NO. 405 OF 2022 Anil Tatyaba Pawar (since deceased), through LR. Nalini Anil Pawar & Ors.

... Applicants In the matter between Anil Tatyaba Pawar (since deceased) through LR ... Petitioner

Versus

Naval Kishor Ram, through Collector & Ors.

...Respondents

Mr. Sanjiv Sawant a/w. Mr. Abhishek P. Deshmukh for the petitioner/applicants.

Ms. P.J. Gavhane, AGP for the State.

_______________________

CORAM:

G. S. KULKARNI & JITENDRA JAIN, JJ.

DATED:

11October, 2023 _______________________ P.C.

1.

Mr. Sawant, learned counsel for the petitioner seeks leave to withdraw this petition in view of the reply affidavit as filed on behalf of the State Government contending that the order dated 21 February, 2019 passed on Writ Petition No. 11716 of 2018 according to the State Government has been complied. Mr. Sawant, however, submits that the petitioner may have a 11 October, 2023

5.CP405_2022.DOC grievance on communication dated 5 March, 2020 deciding the petitioner's representation in pursuance of the said direction of this Court. He submits that as recorded in the last paragraph of such communication rejecting the petitioner's representation, the petitioner would now approach the Additional Collector, Pune with an appropriate representation. 2.

In our opinion, the petitioner is free to adopt appropriate course of action and if the same is accordingly adopted, needless to observe that the Additional Collector would take further appropriate steps as may be permissible in law. We do not express any opinion. We, accordingly, permit the petitioner to withdraw the Contempt Petition keeping open all contentions of the petitioner on the decision of the State Government dated 5 March, 2020. 3.

Disposed of as withdrawn.

4.

Interim Application would also not survive, it stands disposed of. (JITENDRA JAIN, J.) (G. S. KULKARNI , J.) 11 October, 2023