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Bombay High CourtCP/165/2016disposed offdismissed for default

Maruti Madhav Patil, L.Rs. Govind And Another v. Prashant Narnavare And Anothers

2017-11-22Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. M. Gavhane2 pages

1 cp 165.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 165 OF 2016 IN WRIT PETITION NO. 6856 OF 2014 Maruti Madhav Patil Died through his L.Rs.

Govind and another .. Petitioners

Versus

Prashant Narnavare and another .. Respondents Shri Vivek V. Kabade, Advocate for Petitioners. Shri P. S. Patil, Addl.G.P. for Respondent No. 2. CORAM : S. V. GANGAPURWALA AND S. M. GAVHANE, JJ.

DATE : 22ND NOVEMBER, 2017.

FINAL ORDER :

.

The matter was mentioned in the morning session. The matter was kept in the afternoon. The learned advocate for the contempt petitioners is present.

2.

The learned Additional Government Pleader states that, the order of this Court is complied and the Sub Divisional Officer -cum-Land Acquisition Officer has rejected the application of the petitioner under order dated 25.10.2017.

2 cp 165.16 3.

In the light of the fact that, the order is complied with though belatedly. As such the contempt stands purged. The contempt petition is disposed of. No costs.

4.

The petitioner is at liberty to assail the said order as may be permissible in law.

5.

As the respondent No. 2 was not appearing in the matter inspite of service of notice, we had issued bailable warrant to the respondent No. 2 to secure his presence.

6.

The affidavit is filed by the respondent No. 2/Special Land Acquisition Officer giving the reasons for non appearance. The respondent No. 2 has tendered his unconditional apology for not complying the orders of this Court and in not attending the matter. The reason is given of work load. In fact, said reason given tantamounts to negligence. However, considering the fact that, order of this Court is complied and he has tendered his unconditional apology, we recall the order of bailable warrant issued to him.

[S. M. GAVHANE, J.] [S. V. GANGAPURWALA, J.] bsb/Nov. 17