Rafik Kadar Bhatkar v. The State Of Maharashtra Through District Collector, Raigad And ORS

22 cp 321-13=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CONTEMPT PETITION NO. 321 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders None for the Petitioner.

Mr. Manish Pabale, AGP for the Respondent No.1 CORAM : A.S.OKA & SMT. VIBHA KANKANWADI, JJ.

DATE : 30th JUNE, 2017 P.C.:

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None appears for the Petitioner. Perused the averments made in the Contempt Petition. The breach alleged is of the order dated 17th April 2013 passed by this Court in a Writ Petition filed by the present Petitioner.

A direction was issued by this Court to the second Respondent Municipal Council in the said petition to issue notice to the seventh Respondent. A direction was also given to take the matter to logical end after notice is served to the seventh Respondent. There is an affidavit filed by Dr. Charushila Pandit, the Chief Officer of Panvel Municipal Council. In the said Affidavit, she has pointed out that the orders passed by this Court in Writ Petition No. 9056 of 2013 prevent the Municipal Council Sneha Chavan 1/2

22 cp 321-13=.doc from taking action in terms of the order of breach is committed.

Considering the said affidavit, we find that as of today, no case of any willful breach of the order of this Court is made out.

If the Petitioner finds that even after interim orders are vacated, the concerned Respondent has not implemented the order of this Court, the Petitioner can always approach this Court by filing an appropriate proceedings.

Subject to what is observed above, the petition is disposed of. Notice issued on 04th September 2013 is discharged.

(SMT. VIBHA KANKANWADI, J.) (A.S.OKA, J.) Sneha Chavan 2/2