Smt Indubai Sahebrao Wadghule v. State Of Maharashtra

2023:BHC-AS:27776-DB 12.CP429_2023.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 429 OF 2023 Smt. Indubai Sahebrao Wadghule ... Petitioner

Versus

State of Maharashtra, through the Secretary, Revenue and Forest Department & Ors.

... Respondents Mr. Y.B. Lengare a/w. Mr. Aditya K. Gaikwad for the petitioner. Mr. S.H. Kankal, AGP for the respondent/State. _______________________

CORAM:

G. S. KULKARNI & JITENDRA JAIN, JJ.

DATED:

6 September, 2023 _______________________ P.C.

1.

We have heard Mr. Lengare, learned counsel for the petitioner and Mr. Kankal, learned AGP for the respondent/State. 2.

Mr. Kankal has drawn our attention to the reply affidavit of Shri Bhau Balu Galande, Deputy Collector, Land Acquisition Officer No. 22, Pune inter alia stating that the order dated 2 March, 2022, of which breach is alleged by the petitioner in fact has stood complied. The averments to that effect are found in paragraph 4 of the reply affidavit, which reads thus: "4.

At the outset, I say and submit that the directions issued by the Hon'ble Court above Writ Petition have been complied with by the respondents and the entries regarding reservation have been deleted and the mutation entry no. 6218 was came to be mutated on 01.09.2023. Therefore, the order in its true letter and spirits passed by the Hon'ble Court is complied with. I say that as per the directions issued by this Hon'ble Court, the said entries was to be deleted within a specific time. However, there is delay to implement the directions issued by this Hon'ble Court since the 6 September, 2023

12.CP429_2023.DOC government department is required to follow the proper procedure for deletion of the reservation. Hereto annexed and marked as Exhibit R-2 is a copy of the 7/12 extract and mutation entry no. 6218."

3.

Accepting the statement made by the deponent of the said affidavit on behalf of the respondent, further adjudication of this Contempt Petition is not called for as contended by Mr. Lengare.

4.

Contempt Petition is accordingly disposed of in the above terms. No costs.

(JITENDRA JAIN, J.) (G. S. KULKARNI , J.) 6 September, 2023