Narayan Pushpa Gruha Nirman Co Operative Housnig Society Through Sunit Chhaganrao Kakade Director v. The State Of Maharashtra Through Secretary Shri Bhushan Gagrani And Others

964 CP 738 22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 964 CONT. PETITION NO.738 OF 2022 IN PIL/84/2019 NARAYAN PUSHPA GRUHA NIRMAN CO OPERATIVE HOUSNIG SOCIETY THROUGH SUNIT CHHAGANRAO KAKADE DIRECTOR

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY SHRI BHUSHAN GAGRANI AND OTHERS ...

Advocate for Petitioner : Mr. Jadhav N.L.

AGP for Respondent No. 1 : Mr. S. D. Ghayal

CORAM

: MANGESH S. PATIL & M. M. SATHAYE, JJ.

DATE : 17.03.2023 PER COURT :

Heard both the sides.

2.

In P.I.L. No. 84/2019 by the order dated 18.07.2019 the respondentCollector was directed to decide the representation submitted by the petitioner within a stipulated time.

3.

Pursuant to such direction, admittedly the Collector has heard them and considered their representation. The affidavit in reply inter alia mentions that the encroachment on a public road in front of the petitioner' s society has already been removed.

4.

The learned advocate Mr. Jadhav submits that the respondentCollector being a public servant cannot take such a narrow approach particularly when the P.I.L. was adverting his attention to rampant encroachment and unauthorized construction on a public property. Even the Collector in his affidavit in reply admits the fact but has conveniently 1/2

964 CP 738 22.odt overlooked it.

5.

This being a contempt petition, in view of the compliance of the directions of this Court, we cannot indulge in any other enquiry except the due compliance.

6.

The Contempt Petition is disposed of.

(M. M. SATHAYE, J.) (MANGESH S. PATIL, J.) mkd/- 2/2