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Bombay High CourtCP/335/2012disposed off

Balaram Sabu Jadhav v. Mr. Sanjay Degaonkar And ANR.

2015-05-05Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Shri Justice A.S. Oka2 pages

ash cp-335.12 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 335 OF 2012 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Bhushan Deshmukh i/by Uday P. Warunjikar for the Petitioner. Shri G.H. Keluskar along with Shri D.H. Keluskar for Respondent No.1. Shri V.S. Gokhale, AGP for the Respondent No.3. - CORAM :

A.S. OKA & C.V. BHADANG, JJ DATED : 5TH MAY 2015 P.C.:

.

Heard learned counsel appearing for the Petitioner. We have perused the orders dated 13th July 2011 and 26th July 2011 passed by a Division Bench of this Court. We do no see any specific direction issued by this Court to the Sangli-Miraj and Kupwad Municipal Corporation to demolish the structures in question. It is obvious that the structures cannot be regularized in light of the order dated 26th July 2011.

ash cp-335.12 2.

There is an assurance given by Shri Sanjay Degaonkar, the First Respondent who was the then Commissioner of Sangli-Miraj and Kupwad Municipal Corporation in his affidavit-in-reply to demolish the structures mentioned in the notice dated 12th May 2010. It is stated that the action could not be taken due to election.

3.

Though no case is made out to initiate action under the Contempt of Courts Act, 1971, we accept the statements made in the affidavit of the first Respondent that the Municipal Corporation intends to demolish the structures in question.

4.

Subject to what is observed above, this Petition is disposed of. The notice is discharged.

(C.V. BHADANG, J) (A.S.OKA, J)