Damodhar Ramchandra Gagade And Others v. The State Of Maharashtra Through The Secretary To The Government Of Maharashtra And Otehrs

2025:BHC-AUG:5016-DB 9-sr.925.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.672 OF 2024 IN WRIT PETITION NO.14058 OF 2023 Damodhar Ramchandra Gagade and ors.

vs.

The State of Maharashtra and ors.

---- Mr.T.G.Gaikwad, Advocate for petitioners Mrs.U.S.Bhosale, AGP for State ----

CORAM

:

R.G.AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE :

FEBRUARY 20, 2025 ORDER :- This Contempt Petition is filed for non-compliance of the order dated 06.11.2023, passed by this Court in Writ Petition No.14058 of 2023, which reads as under:- 1.

Our attention is drawn to the communication dated 16.12.2021 by the S.D.O., Parali Vaijnath, addressed to the Executive Engineer, Beed Irrigation Department, Beed.

2.

Considering the above, this Petition is disposed off. We expect the District Collector to consider the representation of the Petitioner dated 07.10.2022 addressed to his Office in the light of the communication dated 16.12.2021 and initiate appropriate steps within a period of 90 days. 2.

Learned AGP appearing for the answering respondent tenders across the bar an afÏdavit of respondent no.6, in which following relevant averments are made:-

9-sr.925 "7.

I say and submit that after receiving the proposal, this deponent has initiated land acquisition proceedings and notification u/s.11 of this Act is being published. The copy of letter to Government Press dated 12.02.2025 is annexed herewith and marked as Exhibit R-3 colly.

8.

I say and submit that after publication of notification u/s. 11(1), further procedure will be initiated and completed within the prescribed time frame.

3.

It is submitted by learned counsel for the petitioners that the State will have to make a simple statement before this Court, as to within what period, further procedure would be completed. 4.

The afÏdavit filed by respondent no.6 is very clear. Considering the same, the order of this Court is complied with. We accept the unconditional apology tendered by respondent no.6 in the afÏdavit. We hope that respondent no.6 will adhere to the time set out in the afÏdavit and pass appropriate order. 5.

In view of the above, the Contempt Petition stands disposed [NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] KBP