Bhika Mahadu Korde (Deceased) Thr Legal Heir Hiramn Bhika Korde v. Uttam Patil The Deputy Collector Rehabilitation,Pune

2 cp 72-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 72 OF 2023 Bhika Mahadu Korde since deceased thr. Lrs. Hiraman Bhika Korde ..Petitioner V/s.

Uttam Patil, the Deputy Collector Rehabilitation Pune and Ors.

..Respondents ---- Mr. Nitin Deshpande for the Petitioner.

Mr. N.K. Purohit, AGP for the Respondent Nos. 1 to 5. ---- CORAM : R.D.DHANUKA, AND SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date: 2023.02.09 10:18:52 +0530 M.M.SATHAYE, JJ.

DATE : 7th FEBRUARY 2023 P.C.

.

By this contempt petition, the Petitioner is seeking appropriate action against the Respondent-Authority for contempt of order dated 20.08.2019 passed in Writ Petition 9000 of 2019.

2.

Learned Counsel for the Petitioner states that under the said order, the Respondent-Authority was directed to decide the Petitioner's pending application for allotment of land as Project Affected Persons. However, despite the order of this Court, the concerned Authority has not decided the Petitioner's application so far.

Sneha Chavan page 1 of 2

2 cp 72-23.odt 3.

Learned AGP appearing for Respondent/State, states on instructions that within four weeks from the date of appearance of the Petitioner before the concerned Authority i.e. the District Resettlement Officer, Pune, the pending application of the Petitioner will be decided including issue of eligibility. 4.

In that view of the matter, we pass following order. (i) The Petitioner is directed to appear before the District Resettlement Officer, Pune on 13.02.2023 at 11.00 a.m. (ii) The Petitioner would be at liberty to file documents in support of their case.

(iii) The District Resettlement Officer, Pune is directed to decide the Petitioner's application including issue of eligibility after giving him personal hearing within a period of four weeks from 13.02.2023 in accordance with law.

(iv) If the Petitioner is found eligible for allotment of land as Project Affected Persons, the Respondents are directed to give possession of allotted land to the Petitioner within six weeks from the date of the decision.

(v) It is clarified that this Court has not expressed any opinion on the merits of the Petitioner's claim. 5.

Contempt Petition is disposed of in the above terms. 6.

Place this petition for reporting compliance on 03.05.2023. M.M.SATHAYE, J.

R.D.DHANUKA, J.

Sneha Chavan page 2 of 2