Chandrakant Kundlik Kadam v. Ashok Balwant Kadam

1 /2 16-cp-99-16.doc Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE CONTEMPT PETITION No. 99 of 2016 IN WRIT PETITION No. 3253 of 2013 Chandrakant Kundlik Kadam ..Petitioner.

Vs Mr. Ashok Balwant Kadam & Ors Respondents.

Mr. Avanti Inamdar h/f Rameshwar N. Gite for the petitioner. Mr. Vikas Mali, A.G.P. for the Respondent-State. CORAM: NARESH H. PATIL & SMT. BHARATI H.DANGRE, JJ.

DATE : 5th July, 2017.

P.C.

1) Learned Counsel appearing for the petitioner submits that consequent to the order passed on 21st March, 2014 (Coram: A.S.Oka & A.A.Sayed, JJ) the encroachment on the road was removed. Paragrapyh No.2 of the order dated 29th September, 2014 (Coram : A.S. Oka & G.S.Kulkarni, JJ) reads as under: "2.

The learned counsel appearing for the petitioners does not dispute that, as stated in the said affidavit the encroachment on the road has been removed."

2) It is submitted by the learned Counsel for the petitioner that thereafter some of the agriculturists have made

2 /2 16-cp-99-16.doc encroachments on the road. A representation was made to the Collector, Pune on 26th September, 2014.

3) Without expressing any opinion as to whether some persons had encroached on the road, we direct the concerned officer to look into the grievances of the petitioner on its own merits. The Contempt Petition is disposed of accordingly. 4) The learned A.G.P. to communicate this order to the concerned.

(SMT. BHARATI H. DANGRE,J) (NARESH H.PATIL,J)