Vijaykumar Sadashivrao Somthankar v. Nipun Vinayak The Municipal Commissioner Aurangabad And Another

20CP369.19

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 20 CONTEMPT PETITION NO. 369 OF 2019 IN CIVIL APPLICATION NO. 6576 OF 1998 IN WRIT PETITION NO. 5602 OF 1996 VIJAYKUMAR SADASHIVRAO SOMTHANKAR

VERSUS

NIPUN VINAYAK THE MUNICIPAL COMMISSIONER AURANGABAD AND ANOTHER Advocate for Petitioner : Ms. R.R. Tandale h/f. Mr. S.S. Thombre. CORAM : PRASANNA B. VARALE & R. G. AVACHAT, JJ.

Dated : 17.06.2019 PER COURT :

1.

Heard Ms. R.R. Tandale, appearing with Mr. Thombre, for the petitioner.

2.

The petitioner raised a grievance of non compliance of the order of this Court dated 11.01.2010, in Civil Application No. 6576/1998 in Writ Petition NO. 5602/1996.

2.

On perusal of the documents placed on record it reveals that though the order of this court passed on 11.01.2010, the petitioner issued a notice to the corporation in the year 2015 and precisely on 02.12.2015. Thereafter, no steps have been initiated by the petitioner and the petition is filed in the year 2019.

20CP369.19 3.

The learned counsel appearing for the petitioner submitted before us that though the petitioner has made some representations even before filing of the Writ Petition. Due to advanced age the petitioner was unable to provide the necessary material in the form of representation to the counsel. As such, prays for withdrawal of petition with liberty to file fresh petition, in case, the petitioner has approached the authorities by taking timely steps. 4.

Petition is allowed to be withdrawn with liberty as prayed for. ( R.G. AVACHAT, J. ) ( PRASANNA B. VARALE, J. ) S.P.C.