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Bombay High CourtCP/171/2023disposed off

Sambhaji Maruti Bhawar (Deceased) Thr. Lrs. Smt. Gajarabai Sambhaji Bhawar, Thr. Poa. A. N. Bhawar v. Ld. Deputy Collecor (Resettlement) And ORS.

2023-04-06Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Ms. Justice Gauri Godse3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION No. 171 OF 2023 VAISHALI ANIL TIKAM Sambhaji Maruti Bhawar [Deceased] by VAISHALI ANIL TIKAM Date:

2023.04.13 13:50:03 +0530 Thr. Legal Heir/Representative Smt. Gajrabai Sambhaji Bhawar

...Petitioner

Vs.

Ld. Deputy Collector [Resettlement] and Ors.

...Respondents

Mr.Manoj A. Patil, Advocate for the Petitioner. Mrs. M.S. Bane, AGP for the State CORAM:- R.D. DHANUKA & GAURI GODSE, JJ.

DATE :- 6 APRIL, 2023 P. C.:

1.

The Petitioner has filed this Contempt Petition in pursuance of the order dated 6 April, 2022 passed by this Court in Writ Petition No. 5632 of 2021.

2.

This matter was on board yesterday, when the Learned AGP vehemently urged that the Petitioner has not furnished some of the requisite documents and as a result Tikam page 1 of 3

thereof, the Respondents could not comply with the order dated 6 April, 2022 passed by this Court. We have directed the Learned AGP to produce a copy of the list of documents. According to her, the Petitioner has not produced the requisite documents. The Learned AGP today produced list of seven documents. She does not press for documents, which is at Serial No.3.

3.

Insofar as other documents are concerned, though it is the case of the Petitioner that all the documents are forming part of record of the Authority, Mr. Patil agreed to furnish the documents on or before 15 April, 2023. Statement is accepted.

4.

On furnishing such documents, the Respondents to comply with the order passed by this Court on 6 April, 2022 in Writ Petition No. 5632 of 2021. The Deputy Collector [Resettlement] shall decide the issue of eligibility of the Petitioners to get allotment of lands under the provisions of the Maharashtra Project Affected Persons Rehabilitation Act., 1999 within three weeks from the date of the Petitioners producing the documents. Respondents to communicate the order that would be passed within one week from the date of Tikam page 2 of 3

passing of such order, to the Petitioners.

5.

If the Petitioners are found eligible, the Deputy Collector [Resettlement] would take further steps in pursuance of the said decision and necessary steps shall be taken as early as possible, and preferably, within eight weeks from the date of the decision.

6.

Contempt Petition is disposed of in the aforesaid terms. Matter to be placed on board on 10th July, 2023 for reporting compliance.

(GAURI GODSE, J.) ( R.D.DHANUKA, J. ) Tikam page 3 of 3