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Bombay High CourtCP/394/2022disposed off

Subhash Kondaji Kadam v. Dr. Rajesh B. Deshmukh ,The Collector Of Pune And Others

2022-08-04Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Kishore C. Sant2 pages

6.CP.394.2022..doc UMESH SHRINIWAS MALANI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by UMESH SHRINIWAS MALANI Date: 2022.08.05 16:55:41 +0530 CONTEMPT PETITION NO.

OF 2022 IN WRIT PETITION NO. 3858 OF 2021 Subhash Kondaji Kadam

...Petitioner

Versus

Dr. Rajesh B. Deshmukh & Ors.

...Respondents

***  Mr. Sanjiv Sawant a/w Mr. Abhishek Deshmukh and Digvijay Palande, Advocate for the Petitioner.

 Mr. A. I. Patel, Addl.GP, for the Respondent - State. *** CORAM : PRASANNA B. VARALE & KISHORE C. SANT, JJ.

DATE : AUGUST 04, 2022.

P. C. :

1.

Perused the order passed by this Court dated 29th June, 2022. 2.

Today, learned AGP has filed an affidavit-in-reply on behalf of Respondent Nos. 1 to 5 through District Resettlement Officer, Pune. 3.

The grievance of the petitioner was non-compliance of the order of this Court whereby the Respondent Authorities were directed to allot the land to the petitioner, who is project affected person. In the affidavit-in-reply reference is made to the order of this Court dated 29th June, 2022 and it is stated that in accordance to the order of this Court, the Respondent No. 3 by order dated 29th July, 2022 allotted alternative land to the petitioner from village Dhingrajwadi, Taluka Shirur, District Pune. Copy Shrikant

6.CP.394.2022..doc of the said order is annexed to the Affidavit-in-reply at Exhibit "R-1" page no. 142.

4.

Now necessary reference is also made in the order in respect of land in annexures A and B. Then by clause 2 of the order, the District Collector (Rehabilitation) directed the Tahsildar, Shirur to implement the said order immediately and deliver the possession of the land to the petitioner along with possession receipt by drawing panchanama and consequential entries. It is further stated in paragraph no. 5 of the affidavitin-reply that total area of the plot is of 01 H 60 R, from which 01 H 20 R has been allotted to the petitioner, hence it is necessary to carry out measurement of the total land and then after the possession will be handed over to the petitioner. We are expediting the matter at our level. The Deputy Collector (Rehabilitation) sough the compliance report within seven (07) days from the date of order. The State Authorities adhere to the above referred statement in paragraph no. 5 of the affidavit-in-reply. 5.

In view of the above referred facts, grievance raised in the Petition no more survives. Accordingly, Contempt Petition is disposed of. 6.

All concerned shall act upon a copy of this order which is duly authenticated by the Registry of this Court.

(KISHORE C. SANT, J.) (PRASANNA B. VARALE, J.) Shrikant