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Bombay High CourtCP/574/2016disposed offdismissed for default

Chagan Devrao Gaikwad v. The State Of Maharashtra And Others

2019-10-17Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Avinash G. Gharote2 pages

574.16cp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.574 OF 2016 IN WRIT PETITION NO.3379 OF 2015 Chagan s/o Devrao Gaikwad ..PETITIONER

VERSUS

The State of Maharashtra & ors.

..RESPONDENTS Mr P. A. Kulkarni, Advocate for petitioner;

Mr S. P. Sonpawale, A.G.P. for respondent /State; Mr S. G. Bhalerao, Advocate for respondent No.4 CORAM : PRASANNA B. VARALE AND AVINASH G. GHAROTE, JJ.

DATE : 17th October, 2019 ORAL ORDER:

On a grievance of non-compliance of the order of this Court dated 8th September, 2015, passed by this Court in Writ Petition No.3379 of 2015, the present contempt petition is filed. 2.

Notice was issued to the respondents on 23rd August, 2016. In response to the notice, the affidavit-in-reply is filed on behalf of respondent No.2 - Shri. Uday G. Chaudhari, District Collector, Aurangabad. A specific statement is made in para 7 of the said

574.16cp (2) affidavit-in-reply that on 25th September, 2019, the Executive Engineer, Minor Irrigation, Department-1 has deposited the amount of Rs.46,464/- payable to the present petitioner in the office of the Sub Divisional Officer, Kannad, vide a cheque bearing No.532929, dated 25th September, 2019 alongwith the covering letter dated 25th September, 2019. It is also stated in the affidavit-in-reply that though there is some delay in compliance of the order of this Court, the delay was not intentional and deliberate, but due to certain procedural difficulties.

3.

Learned Counsel for the petitioner fairly admits that the order is now complied with on deposit of the amount payable to the petitioner. 4.

As the purpose of approaching this Court is now duly served, the contempt petition is disposed of accordingly. (AVINASH G. GHAROTE, J.) (PRASANNA B. VARALE, J.) sjk