Hussain Khan Nasir Khan And Others v. V K Gautam And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.630 OF 2019 IN WRIT PETITION NO.7082 OF 2014 1.

Hussain Khan s/o Nasir Khan, Age: 72 years, Occu: Agril.

2.

Kadirkhan s/o Nasir Khan, Age: 64 years, Occu: Agril.

3.

Harun Khan s/o Nasir Khan, Age: 59 years, Occu: Agril.

4.

Gangidhar Budha Damodhar, Age: 66 years, Occu: Agril.

5.

Radhabai Babula Lavale, Age: 74 years, Occu: Agril., All R/o Fardapur, Tq. Soygaon, Dist. Aurangabad ..PETITIONERS

VERSUS

1.

Shri. V. K. Gautam, Age: Major, Occu: Service As a Secretary, Tourism Department, Mantralaya, Mumbai 2.

Shri Sunil Kendrekar, Age: Major, Occu: Service As a Divisional Commissioner, Land Acquisition, Aurangabad, Tq. & Dist. Aurangabad 3.

Shri. Uday Chaudhari, Age: Major, Occu: Service As a Collector, Aurangabad, Tq. & Dist. Aurangabad 4.

Shri. Pandurang Kulkarni, Age: Major, Occu: Service As a Special Land Acquisition Officer,

(2) Jayakwadi Project-I, Through Sub Divisional Officer, Sillod, Dist. Aurangabad ..RESPONDENTS Mr D. A. Bide, Advocate holding for Mr C. K. Sonawane, Advocate for petitioners CORAM : PRASANNA B. VARALE AND ANIL S. KILOR, JJ.

DATE : 4th December, 2019 ORAL ORDER:

Heard learned Counsel appearing on behalf of the petitioners. 2.

As the copy of the petition was supplied to the office of learned Government Pleader, the office of learned Government Pleader was prompt enough to seek directions from the office of the Collector, Aurangabad and in turn, the office of the Collector was also prompt enough to submit affidavit-in-reply of respondent No.3 i.e. Shri. U. G. Chaudhari, District Collector, Aurangabad.

3.

Our attention is invited to the communication dated 3rd December, 2019, forwarded to the Regional Manager, Maharashtra State Tourism Development Corporation, Aurangabad with an intimation that the final award is passed on 2nd December, 2019 and as per the final award, the beneficiaries are entitled to receive compensation to the tune of Rs. 36,00,499/-. There is also a reference

(3) made to the contempt petition filed in this Court and then request is made to the addressee to take appropriate steps immediately so as to make available the amount of compensation to be paid to the beneficiaries i.e. the petitioners and others. 4.

It was also submitted before this Court by learned Asstt. Govt. Pleader that the delay caused in passing the award was due to slow response from the petitioners. It was further submitted that inspite of the communication forwarded to the petitioners to attend the hearing and submit necessary documents, they failed to attend the hearing on the scheduled date and also failed to submit the documents and ultimately, the hearing was scheduled on 18th November, 2019. Thus, learned Asstt. Govt. Pleader submitted that the delay in compliance of the order of this Court was not intentional one but for bona fide reasons. The explanation provided for the delay is accepted. 5.

As the purpose of filing the petition is duly served and the grievance of the petitioners no more survives, the present contempt petition is disposed of accordingly.

(ANIL S. KILOR, J.) (PRASANNA B. VARALE, J.) sjk