Maruti Lakshman Gholap And ORS v. Medha Gadgil, The Principal Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.504 OF 2017 IN WRIT PETITION NO.9048 OF 2015 Maruti Lakshman Gholap and Others ... Petitioners v/s Medha Gadgil and Others ... Respondents Mr.Y.P. Deshmukh i/b Rajesh Dogrikar for the Petitioners. Mrs.Kirti R. Kulkarni, AGP for the Respondent State. Mrs.Vaishali Rajmane, Tahasildar, Hatkanangale, Dist. Kolhapur present. CORAM : K.K. TATED AND B.P. COLABAWALLA, JJ.

DATE :

JUNE 21, 2018.

P.C. :- 1.

Heard learned counsel for the parties.

2.

The learned counsel for the Petitioners submits that this Court by order dated 1st February 2017 in Writ Petition No.9048 of 2015 directed Respondents to allot alternate land to the Petitioners and also compensation, if any. He submits that the Respondents by their order dated 8th June 2018 (Exh.F to the Petition) informed to the Petitioners that land as claimed by them in particular area was not available for allotment. Hence the Petitioners preferred the present Contempt Petition.

3.

The learned AGP Mrs.Kulkarni appearing on behalf of the State filed affidavit of Mr.Sameer Shingte, Sub Divisional Officer, Ichalkaranji Sub Division, Ichalkaranji, Dist. Kolhapur dated 20th June 2018 along with letter dated 19th June 2018 showing the lands available in particular village. She submits that if the Petitioners make application for allotment of any particular land from the letter dated 19th June 2018, they will take appropriate steps to that effect as per order passed by this Court dated 1st February 2017 read with 17th March 2017. In view of this fact, the Contempt Petition is disposed of by following order.

a) The Petitioners are directed to make appropriate application to the concerned Authority for allotment of land from particular village as per letter dated 19th June 2018 within two weeks from today.

b) If application is made within two weeks from today, the Respondents are directed to consider the same immediately within four weeks and inform the Petitioners about such allotment in writing.

c) The Petitioners are permitted to file application for compensation also.

d) The Respondents to decide the Petitioners' application for compensation on its own merit and inform the Petitioners in writing immediately within four weeks from the date of such application.

e) Contempt Petition No.504 of 2017 stands disposed of accordingly without taking any action against the Respondents. (B.P. COLABAWALLA, J.) (K.K. TATED, J.)