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Bombay High CourtCP/183/2022disposed off

Mustafa Ismail Pathan And Others v. The State Of Maharashtra And Others

2023-03-29Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Abhay S. Waghwase2 pages

982-CP-183-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.183 OF 2022 IN WP/8594/2018 MUSTAFA ISMAIL PATHAN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS . . .

Advocate for Petitioners : Mr. Chandrakant K. Shinde AGP for Respondent - State : Mr. S. D. Ghayal . . .

CORAM : MANGESH S. PATIL AND ABHAY S. WAGHWASE, JJ.

DATED : 29 MARCH 2023 PER COURT :

.

Heard the learned advocate for the petitioners. 2.

They feel aggrieved by disobedience of the order of this court in Writ Petition No.8594 of 2018, dated 30.07.2018. 3.

The order regarding disobedience of which the petitioners are before us, reads as under :- "3. It appears that the application is sent by post. There is nothing on record to substantiate that the said application is received and pending with the authority. The petitioners may file an application seeking rental compensation in person before the competent authority who is entitled to decide it. Upon receipt of the application, the competent authority shall decide the said application after hearing all parties concerned, on its own merits, expeditiously and preferably within nine (9) months from today."

1/2

982-CP-183-2022.odt 4.

On our query pursuant to these directions as to if any fresh application after passing of the order was submitted as was expected of the petitioner, the learned advocate refers to the communication dated 27.08.2021 (Exh.C) which is in the form of a notice by the petitioners to the respondents through their advocate.

5.

In paragraph No.4 of that notice, in spite of the observations of this Court (supra), the petitioners seem to have persisted with and called upon the respondents to decide their claim in accordance with the application which they claim to have filed earlier on 15.06.2018. 6.

It is apparently a matter of disobedience by the petitioners rather than the respondents.

7.

Petition is disposed of.

(ABHAY S. WAGHWASE, J.) (MANGESH S. PATIL, J.) Tandale/- 2/2