Anilkumar Madhavrao Patil v. The State Of Maharashtra And ORS.

Nitin 1 / 2 901-CP-267-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 267 OF 2018 IN WRIT PETITION NO. 10026 OF 2016 Anilkumar Madhavrao Patil ...

Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents Mr.S.A. Joshi for the Petitioner.

Mr. A.I. Patel, Addl. G.P. a/w. Ms. S.D.

Vyas - B Panel Counsel for the State.

Mr.N.R.Bubna for Respondent No. 2.

CORAM : S.J.KATHAWALLA, & B.P.COLABAWALLA, JJ.

DATE : 3RD JANUARY, 2020 P.C. :

1.

The Petitioner has fled the above Contempt Petition alleging that the Thane Municipal Corporation (Corporation) has not complied with the Order passed by this Court dated 3 rd April, 2017. Paragraph 5 of the said Order, is reproduced hereunder :

"5. Therefore, in the facts of the case, without expressing any opinion, we observe that the Assistant Commissioner, Naupada Prabhag Samiti of Thane Municipal Corporation, would look into the matter and take appropriate steps by

Nitin 2 / 2 901-CP-267-2018.doc adhering to the principles of natural justice. "

2.

Though we are not satisfed with the explanation given by the learned Advocate appearing for the Corporation for not complying with the said directions of this Court, instead of taking action against the Assistant Commissioner, Naupada Prabhag Samiti of the Corporation, we are accepting the request of the Corporation to give them four weeks time to enable them to initiate action qua the grievance of the Petitioner, which was subject matter of Writ Petition No. 10026 of 2016. 3.

Though by this Order, we are disposing of the above Contempt Petition, we grant liberty to the Petitioner to move this Court by way of fresh proceeding in the event of the Corporation not complying with the statement made before this Court today, which is accepted as an undertaking given to this Court. 4.

The above Contempt Petition is accordingly disposed of. ( B.P.COLABAWALLA, J. ) ( S.J.KATHAWALLA, J. )