Bhausaheb Sampat Gaikwad v. Shri Eknath Dawale And Others

2024:BHC-AUG:23873-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CONTEMPT PETITION NO.435 OF 2024 IN WP/13050/2023 BHAUSAHEB SAMPAT GAIKWAD

VERSUS

SHRI EKNATH DAWALE AND OTHERS ...

Mr. D.A. Madke, Advocate for petitioner Mr. G.A. Kulkarni, AGP for State Mrs. Kavita S. Bhale, Advocate for respondent No.8 ...

CORAM :

SMT. VIBHA KANKANWADI & S.G. CHAPALGAONKAR, JJ.

DATE :

03rd OCTOBER, 2024 ORDER :

Heard both sides. Taking into consideration the affidavit-in-reply by respondent No.8 and the documents annexed, especially the communication by respondent No.8 to Gramsevak/Village Development Officer dated 04.12.2023, of which copy appears to have been received by petitioner on 01.01.2024, is in respect of direction to the Gramsevak/Village Development Officer that he should take action as per the rules. In fact, in Writ Petition No.13050 of 2023 this Court by order dated 20.10.2023 while

924_CP_435_2024 disposing of the said writ petition directed respondent No.8 to consider the representation and communicate his response to the petitioner within 60 days. It appears that thereafter also respondent No.8 has given one letter dated 05.01.2024 as a reminder. Thereafter, it appears that on 25.06.2024 Sarpanch as well as Village Development officer gave communication to the petitioner informing as to what action has been taken by them and how the persons have sought time to remove the encroachment and assurance is there that the action would be taken. Photographs have also been annexed. In view of these communications we hope and trust that the Grampanchayat would continue the action of removal of encroachment and will take it to the logical end. We take this as compliance of the order. There is no necessity to take any action under the Contempt of Courts Act and, therefore, the petition stands disposed of.

(S.G. CHAPALGAONKAR, J.) ( SMT. VIBHA KANKANWADI, J. ) agd