Sankalp Resorts Private Limited v. State Of Maharashtra Through Secretary Revenue Forest Dept
JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 367 OF 2023 ` in WRIT PETITION NO. 95 OF 2020 Sankalp Resorts Pvt. Ltd. and Anr.
... Petitioners V/s.
State of Maharashtra and Ors.
... Respondents Mr. Aspi Chinoy, Senior Advocate with Ms. Lata Dhruv and Swati Sutar and Ms. Keya Raval i/b. Dhru & Co. for the Petitioners Mr. R.P. Kadam, AGP for the Respondents 1 to 4 Mr. Prathamesh Sawant i/b. Mandar Limaye and Advait M. Sethna for the Respondent No.5 - UOI CORAM : NITIN JAMDAR & MANJUSHA DESHPANDE, JJ.
DATE : 06 OCTOBER 2023 P.C. :- This Contempt Petition is adjourned from time to time and we have granted time to the State on its request for time to comply with the judgment and order passed by this Court on 15 March 2022. The learned AGP tenders copy of the order passed by the Collector, Pune dated 6 October 2023. The learned AGP states
that therefore the judgment and order dated 15 March 2022, passed by this Court is fully complied with.
2.
The learned Senior Advocate for the Petitioners submits that by this judgment and order the direction is given to delete the mutation entry. In our order dated 5 October 2023, we had recorded that the changes in the revenue records will have to be carried out by the Tahsildar and that since the concerned Tahsildar who was present yesterday and today also that he is aware of the mandate upon him to carry out the orders of this Court. Mr. Vikram Deshmukh, Tahsildar, Maval, District Pune states that the changes in the revenue records would be carried out within a period of 15 days. 3.
The learned Senior Advocate for the Petitioners also sought to point out that the order is dated 6 October 2023 while the Division Bench of this Court in the judgment and order dated 15 March 2022 had stated that the order passed by the Collector dated 13 January 2011 should be brought into effect. The learned AGP submits that as per his instructions, the order passed by the Collector today dated 6 October 2023 is in full and complete compliance in all respects of the order passed by this Court and also be treated as the order contemplated by this Court in its order dated 15 March 2022. 4.
In the light of this development, we do not intend to proceed further in the contempt jurisdiction.
5.
As regard the new order that is passed in case of any legal issues that would arise from the said order, it is needless to state that the Petitioners would have its remedies open. 6.
The Contempt Petition is disposed of.
MANJUSHA DESHPANDE, J.
NITIN JAMDAR, J.
by JYOTI PRAKASH PAWAR Date: 2023.10.10 15:11:26 +0530 JYOTI PRAKASH PAWAR