Mukta Yamana Jori (Deceased) Thr Lrs. Dattatraya Mukta Jori v. Uttam Patil, The Deputy Collector. And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 71 OF 2023 Vishwanath Mahadev Walunj ..Petitioner V/s.
Uttam Patil, the Deputy Collector Rehabilitation, Pune and Ors.
..Respondents WITH CONTEMPT PETITION NO. 74 OF 2023 SNEHA NITIN CHAVAN Anil Nana Solase ..Petitioner V/s.
Uttam Patil, the Deputy Collector Rehabilitation, Pune and Ors.
..Respondents by SNEHA NITIN CHAVAN Date: 2023.02.24 15:53:22 +0530 WITH CONTEMPT PETITION NO. 75 OF 2023 Bajirao Thaku Korde, since deceased thr. His legal heirs ..Petitioners V/s.
Uttam Patil, the Deputy Collector Rehabilitation, Pune and Ors.
..Respondents WITH CONTEMPT PETITION NO. 76 OF 2023 Mukta Yamana Jori since deceased through legal heirs ..Petitioners V/s.
Uttam Patil, the Deputy Collector Rehabilitation, Pune and Ors.
..Respondents ---- Sneha Chavan page 1 of 3
Mr. Nitin Deshpande for the Petitioners.
Mr. N.K. Purohit, AGP for the Respondent/State in CP/75/2023, CP/74/2023.
Mr. A.P. Vanarase, AGP for the Respondent/State in CP/71/2023.
Mr. R.S. Pawar, AGP for Respondent/State in CP/76/2023. ---- CORAM : R.D.DHANUKA, AND M.M.SATHAYE, JJ.
DATE : 7th FEBRUARY 2023 P.C.
.
By these contempt petitions, the Petitioners are seeking appropriate action against the Respondent-Authority for contempt of common order dated 06.04.2022 passed in Writ Petition Nos. 7900/2021, 7028/2021, 7026/2021 and 7025/2021 respectively.
2.
The learned Counsel for the Petitioners states that under the said common order the Respondent-Authority was directed to decide the Petitioners' pending applications for allotment of land as Project Affected Persons. However, despite the order of this Court, the concerned Authority has not decided the Petitioners' applications so far.
3.
The learned AGP appearing for Respondent/State, states on instructions that within four weeks from the date of appearance of the Petitioners before the concerned Authority i.e. the District Sneha Chavan page 2 of 3
Resettlement Officer, Pune, the pending applications of the Petitioners will be decided including issue of eligibility. 4.
In that view of the matter, we pass following order. (i) The Petitioners are directed to appear before the District Resettlement Officer, Pune on 13.02.2023 at 11.00 a.m. (ii) The Petitioners would be at liberty to file documents in support of their case.
(iii) The District Resettlement Officer, Pune is directed to decide the Petitioners' applications including issue of their eligibility after giving them personal hearing within a period of four weeks from 13.02.2023 in accordance with law. (iv) If the Petitioners are found eligible for allotment of lands as Project Affected Persons, the Respondents are directed to give possession of allotted lands to the Petitioners within six weeks from the date of the decision.
(v) It is clarified that this Court has not expressed any opinion on merits of Petitioners' claim.
5.
Contempt Petitions are disposed of in the above terms. 6.
Place these petitions on board for reporting compliance on 03.05.2023.
M.M.SATHAYE, J.
R.D.DHANUKA, J.
Sneha Chavan page 3 of 3