Popat Maruti Neharkar v. Sandesh Shirke

by VIDYA SURESH AMIN Date:

2023.07.06 11:28:09 +0530 VIDYA SURESH AMIN 15.CP303_2023.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 303 OF 2023 IN WRIT PETITION NO. 8660 OF 2021 Popat Maruti Neharkar & Ors.

... Petitioners

Versus

The Deputy Collector (Rehabilitation), Pune & Ors.

...Respondents

Mr. Nitin P. Deshpande for the petitioners.

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 petitioners 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 06.04.2022 passed by the Hon'ble Court in Writ Petition No. 8600 of 2021 as per the provisions of Contempt of Courts Act, 1971."

3.

We are informed by Mr. Deshpande that the petitioner along with all the documents was supposed to appear before the concerned officer, namely, the Deputy Collector (Resettlement), Pune on 13 June, 2023 and submit 5 July, 2023

15.CP303_2023.DOC documents. Mr. Deshpande, learned counsel for the petitioner submits that his clients is now willing to appear before Mr. Siddharth Bhandare, Deputy Collector Resettlement /District Resettlement Officer, Pune 4.

Ms. Vyas, on instructions from Mr. Siddharth Bhandare, who is present in the Court states that the petitioner can appear before the said officer 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 respondents, 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. 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