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Bombay High CourtCP/115/2019disposed off

Fulsing Gulabsing Shihire And Others v. The State Of Maharashtra And Others

2022-06-27Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Anil L. Pansare4 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 242 CONT. PETITION NO.101 OF 2019 IN WP/1874/2017 AND 3 CONT. PETITION NO.108 OF 2019 IN WP/11614/2016 WITH CP/111/2019 IN WP/11353/2017 WITH CP/115/2019 IN WP/1708/2017 WITH CP/113/2019 IN WP/2049/2016 RAMSING MAGANSING SHIHIRE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.R. B. Singare, Advocate for the petitioner Mr. S. B. Yawalkar, AGP for the respondents/State Mr. B. S. Deshmukh, Advocate for respondent No.5 Mr. P. A. Bhosle, Advocate for respondent NO. 4 Mr. S. R. Yadav, Advocate for respondent Nos. 3 to 5 in cp/111/19 Mr. R. J. Nirmal, Advocate for respondent Nos. 3 to 5 in cp/115/19 Mr. A. S. Usmanpurkar, Advocate for respondent Nos. 3 to 5 in cp/113/19 Mr. K. G. Salunke, Advocate for respondent Nos. 3 to 5 in cp/101/19 CORAM:RAVINDRA V. GHUGE & ANIL L. PANSARE, JJ.

DATE:27th June, 2022

(2) P. C.

1.

In some of the matters, the purported contemnors are filing their affidavits tendering their unconditional apology. Circumstances, which constrained them which were beyond their control in so far as generating the finance for making payment to these petitioners, are stated.

2.

A statement is made on behalf of the government by virtue of the affidavit on behalf of the Collector and also a statement is made on behalf of the acquiring body, that the money has been sent by the competent authority and the acquiring body had received amount. Sale deeds in favour of the petitioners would be signed and registered / executed within six weeks and the compensation amount shall be paid to each of the petitioners while executing the sale deeds. It is

(3) only in the event of any litigant/petitioner is not able to appear for executing the sale deeds within a period of six weeks that the payment would be made, the moment they execute sale deeds.

3.

The learned advocate representing the petitioners submits that they are not interested in securing order of imposition of punishment upon the purported contemnors. The statement made before the court may be recorded and these petitions may be disposed off.

4.

In view of the above, the statements as set out in the forgoing paragraph are recorded as having been made to the court. The respondents shall not resile from such statement, failing which, the said act may be treated as aggravated

(4) contempt.

5.

Respondent Nos. 2,4 and 5 are present in the court.

6.

In view of the above, these contempt petitions are disposed off as the notice of contempt issued to the respondents stand purged. [ANIL L. PANSARE, J.] [RAVINDRA V. GHUGE, J.] VishalK/cp101.19