Sher Khan Nazir Mohammed Khan And Arn. v. The Assistant Engineer (Maint) And 3 ORS. And Tejas Samel (Contemnor)

conpwl43 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION (L) NO.43 OF 2018 IN WRIT PETITION NO.593 OF 2018 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.S.G.Kudale for the Petitioner Ms Shital Mane for the Respondent-MMC Ms Geeta Shastri, Addl.G.P for State CORAM : A.S.OKA, & RIYAZ.I.CHAGLA,JJ.

DATE : APRIL 26, 2018 P.C.:

.

Not on board. Taken on board.

Breach alleged is of the direction contained in clauses (iii) and (iv) of paragraph 2 of the order dated 13th February 2018. The direction issued by this Court was against the Assistant Engineer (Maintenance) of the Mumbai Municipal Corporation. The order on the basis of which breach is alleged is passed not by the Municipal Officer but by the Deputy Collector (Encroachment) and the Competent Authority.

Hence, no case is made out to

conpwl43 proceed under the Contempt of Courts Act,1971.

However, remedy of the petitioner to challenge the order passed by the Deputy Collector (Encroachment) is kept open.

The petition is disposed of.

(RIYAZ.I.CHAGLA,J.) (A.S.OKA,J.)