Sudam Girdhar Gadekar And Others v. The State Of Maharashtra And Others

932-WP-625-2018.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CONT. PETITION NO.625 OF 2018 IN WP/8267/2017 SUDAM GIRDHAR GADEKAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Bhadgaonkar Umesh A. AGP for Respondent/State : Mr. S.K. Tambe ...

CORAM : P.R. BORA, J.

DATED : 18th JUNE, 2019.

PER COURT:- .

When the present petition is taken up for hearing, Shri Tambe, the learned AGP appearing for the respondentState raised the preliminary objection as about the maintainability of the present petition.

2.

The present petition is filed alleging the willful disobedience of the order passed by this Court on 21.11.2017 in Writ Petition No.8267 of 2017. The aforesaid writ petition was filed challenging the order passed by the Tahsildar, Aurangabad dated 07.09.2015 and the order passed by the Additional Collector, Aurangabad dated 29.04.2017 whereby, he had confirmed the order passed by the Tahsildar, Aurangabad. This Court vide order passed on 21.11.2017 has dismissed the said writ petition. Dismissal

932-WP-625-2018.odt (2) of the said writ petition by this Court means that order passed by the Tahsildar, Aurangabad on 07.09.2015 has not been interfered with by this Court. From the record it is evident that this Court has not passed any executable order, so as to allege the disobedience of the said order. The alternative remedy is available to the petitioners to get executed the order passed by the Tahsildar. In view of the existence of alternate remedy, the present contempt petition cannot be entertained. The preliminary objection taken by the learned AGP is therefore sustained. The contempt petition stands disposed of.

(P.R. BORA, J.) Mujaheed//