Omprakash Sitaram Agrawal And Another v. State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 778 OF 2018 IN WRIT PETITION NO. 4168 OF 2015 1.

Omprakash Sitaram Agrawal, Age: 69 years, Occ: Business & Agri., R/o.122, Navi Peth, Jalgaon, Tq. and Dist. Jalgaon 2.

Satish Soma Bhole, Age: 63 years, Occ: Business & Agri., R/o. Shivaram Nagar, Jalgaon, Tq. and Dist. Jalgaon ..PETITIONERS

VERSUS

1.

State of Maharashtra Through its Secretary, Shri. Nitin Kareer, Age: Major, Occ: Service, Urban Development Department, Mantralaya, Mumbai-32 2.

The Director of Town Planning, Maharashtra State, Shri. N.R. Shende, Age: Major, Occ: Service, R/o. As above 3.

The Collector, Jalgaon District, Jalgaon Shri. Kishor Raje Nimbalkar Age: Major, Occ: Service, R/o. As above 4.

Jalgaon Municipal Corporation, Jalgaon Through its Commissioner, Shri. Kishor Raje Nimbalkar, Age: Major, Occ: Service, R/o. As above ..RESPONDENTS

(2) Mr Ajeet B. Kale, Advocate for petitioners;

Mrs P. V. Diggikar, A.G.P. for respondent Nos. 1 to 3; Mr V.D. Gunale, Advocate for respondent No.4 CORAM : PRASANNA B. VARALE AND ANIL S. KILOR, JJ.

DATE : 6th NOVEMBER, 2019 ORAL ORDER:

Heard Mr. Kale, learned Counsel for the petitioners and Mr. Gunale, learned Counsel for respondent No.4. 2.

Perused the orders passed by the Division Bench of this Court dated 19th July, 2019 as well as 25th September, 2019. 3.

Mr. Gunale, learned Counsel for respondent No.4 placed on record the copy of receipt duly signed by the Chief Accounts Officer and the Deputy Commissioner of the Municipal Corporation, Jalgaon regarding deposit of the amount of Rs.1,32,45,765/- (Rs. One crore thirty two lacs forty five thousand and seven hundred sixty five ) in the office of Land Acquisition Officer and Sub Divisional Officer, Jalgaon.

4.

In view of this fact, the petitioner is permitted to submit an application to the Land Acquisition Officer for withdrawal of the

(3) said amount within one week from today. On receipt of such application, Land Acquisition Officer to release the amount in favour of the petitioner.

5.

In view of above directions, nothing survives in the contempt petition. As such, same is accordingly disposed of. (ANIL S. KILOR, J.) (PRASANNA B. VARALE, J.) Tupe