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Bombay High CourtCP/592/2015disposed offdismissed for default

Abrar Ahemad Mohammad Ishaq v. The Collector Aurangabad And Others

2017-06-27Hon'Ble Shri Justice S C Dharmadhikari,Hon'Ble Shri Justice Mangesh S. Patil1 pages

*1* 19cp592o15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 592 OF 2015 IN WP/7739/2008 ABRAR AHEMAD MOHAMMAD ISHAQ

VERSUS

THE COLLECTOR AURANGABAD AND OTHERS ...

Advocate for Petitioner : Shri Dixit Sushant V. AGP for Respondents/ State : Shri D.R.Kale.

...

CORAM: S.C. DHARMADHIKARI AND MANGESH S. PATIL, JJ.

DATE :- 27th June, 2017 P.C.:

After having heard both sides, we do not think that in contempt jurisdiction the Petitioner can obtain substantive reliefs. The version of the Respondents including acquiring bodies is that the amount of compensation has been deposited with the Land Acquisition Officer. We do not think that in contempt jurisdiction we can resolve any issue as to whether, the amount should be paid over to the Petitioner and why. The law has elaborate measures in the event the amount is not received actually by the Petitioner and is still lying deposited as claimed. We do not think that in contempt jurisdiction such issues can be resolved. We feel that this contempt petition is entirely misconceived and is dismissed. All the contentions are kept open. kps (MANGESH S. PATIL, J.) (S.C. DHARMADHIKARI, J.)