Rajaram Shankar More And ANR v. Dr. Amit Saini, District Collector, Kolhapur And ORS

ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.319 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Vivek Salunke for the Petitioner Ms M.P.Thakur, AGP for the Respondent No.4 CORAM : A.S.OKA, & V.L.ACHLIYA,JJ.

DATE : SEPTEMBER 30, 2015.

P.C.

The learned AGP has tendered across the bar a copy of the letter dated 29th September 2015 addressed to the learned Government Pleader by the third respondent. The letter records that in terms of clause (2) of the order of the State Government dated 9th September 2015, mutation entry No.4950 dated 15th July 2015 has been already made. The learned counsel for the petitioner states that he has no instructions on this aspect. We accept the statements made in the letter dated 29th September 2015 regarding the mutation entry.

The letter further states that the

proceedings under section 70(b) and 32-G of the Bombay Tenancy and Agricultural Lands Act,1948 could not be completed within the stipulated period as the petitioners did not appear. Even on this aspect, the the learned counsel for the petitioners has no instructions. The letter further states that if the petitioners cooperate, within a period of two months, compliance will be made with the clause

(3) of the order dated 9th September 2015 passed by the State Government.

In view of the statements made in the letter dated 29th September 2015, we are of the view that there is no wilful disobedience of the order of this Court by the third respondent.

It is obvious that if the petitioners want implementation of the clause (3) of the order of the State Government, even they will have to cooperate with the Officers of the State Government.

Contempt petition is disposed of. Notice issued to the third respondent is discharged.

(V.L.ACHLIYA,J.) (A.S.OKA,J.)

CERTIFICATE Certified to be true and correct copy of original signed Judgment/Order.