Bhanudas Pundalik Vispute Died Lrs Sunandabai Bhanudas Vispute And Others v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1356 OF 2018 IN CONTEMPT PETITION NO. 714 OF 2018 IN WRIT PETITION NO.5741 OF 2003 Bhanudas s/o Pundalik Vispute (since dead through L.Rs) 1-A. Sunandabai Bhanudas Vispute, Age: 56 years, Occ: Household, 1-B. Rahul s/o Bhanudas Vispute, Age: 31 years, Occ: Service, 1-C. Amol s/o Bhanudas Vispute, Age: 31 years, Occ: Service, All R/o. Plot No.190-B, Ekta Colony, Jatra Nandur Link Road, Adgaon Shivar, Nashik.

..APPLICANTS

VERSUS

1.

The State of Maharashtra, Through its Principal Secretary, Department of Revenue and Forest, Mantralaya-32, Mumbai.

2.

Shri. Vikar Kharge, Secretary, Revenue and Forest Department, Mantralaya-32, Mumbai.

3.

Arvind Madhavrao Vispute, Age: 57 years, Occ: Chief Conservator of Forest, Social Forestry Circle, Nashik.

(2) 4.

Mr. Surendrasing Devendrasing Wadhai, Age: Major, Occ: Assistant Director, Social Forestry Division Jalgaon.

..RESPONDENTS Mr. Ajinkya Kale, Advocate h/f Mr. S.B. Talekar, Advocate for applicants;

Mr A. S. Shinde, A.G.P. for respondents CORAM : PRASANNA B. VARALE & S. M. GAVHANE,JJ.

DATE : 14th JUNE, 2018 ORAL ORDER :

Learned Counsel appearing for the applicants submitted that the contempt petition is filed in this Court for non compliance of the order passed by this Court and the same is pending in this Court. He submits that during pendency, petitioner Bhanudas Pundalik Vispute expired. The copy of death certificate issued by the competent authority is also placed on record at Exhibit-A. He then submitted that the petitioner Bhanudas s/o Pundalik Vispute is survived by legal heirs 1-A to 1-C referred to in clause of the application. Thus,

(3) learned Counsel prays for allowing the application and permit the applicants to bring legal heirs of of deceased petitioner on record.

2.

The application being formal in nature, we allow the application. The necessary steps be taken by the Counsel appearing for the applicants within one week.

(S. M. GAVHANE) (PRASANNA B. VARALE) JUDGE JUDGE Tupe