Panjabrao Sahebrao Shinde And Others v. Sanjay Dulichand Rathod And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.656 OF 2017 IN WRIT PETITION NO.10079 OF 2014 1.

Panjabrao s/o Sahebrao Shinde, Age: 70 years, Occu: Agri.

2.

Shabbir s/o Mohamad Tamboli, Age: 50 years, Occu: Agri.

3.

Vijay s/o Vishvasrao Shinde, Age: 24 years, Occu: Agri.

All R/o. Chausala, Tq. Beed, Dist. Beed ..PETITIONERS

VERSUS

1.

Shri. Sanjay Dulichand Rathod, Age: 55 years, Occu: Secretary, Department of Revenue and Forest, Mantralaya, Mumbai-32 2.

Shri. M. Devender Singh, Age: 52 years, Occu: District Collector, Beed, Tq. & Dist. Beed 3.

Shri. Vikas Jadhav, Age: 46 years, Occu: Executive Engineer, Minor Irrigation Division, Beed, Tq. & Dist. Beed 4.

Shri. M. D. Chavhan, Age: 43 years, Occu: Sub-Divisional Officer, Minor Irrigation Sub-Division, Kaij, Tq. Kaij, Dist. Beed ..RESPONDENTS Mr M. U. Shelke, Advocate for petitioners;

Mr A. R. Kale, A.G.P. for respondent Nos.1 & 2; Mr S. B. Patil, Advocate for respondent Nos.3 & 4

(2) CORAM : PRASANNA B. VARALE AND MANISH PITALE, JJ.

DATE : 8th October, 2018 ORAL ORDER:

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

The grievance of the petitioners in the petition was of noncompliance of the order dated 21st January, 2016, passed by this Court. The Division Bench of this Court, by an order dated 21st January, 2016, in Writ Petition No.10079 of 2014 directed respondent Nos.1, 2 and 5 to initiate land acquisition proceedings in respect of lands belonging to petitioners, which are already taken in possession and declare award, as expeditiously as possible and preferably within a period of one year from the date of the order and then further directed that on declaration of award and determination of amount of compensation, respondents shall pay the amount to the petitioners, as expeditiously as possible and preferably within a period of three months from the date of such declaration. 3.

The reply is filed on behalf of respondent No.4 Sub Divisional Officer, Minor irrigation Sub Division, Kaij, District Beed. The statements are made in affidavit-in-reply, more particularly at para 10. It is stated that the Deputy Collector, Land Acquisition, Jaikwadi Project, Beed, by letter dated 23rd February, 2018 requested the Collector, Beed to release the funds

(3) of Rs.2,69,69,946/- and then it is stated at para 11 of the affidavit-in-reply that the award is passed and the amount is paid to the petitioners in order to comply the order passed by this Hon'ble High Court. It is then stated that there is some delay but the delay was due to some procedural and administrative formalities and there was no intention to disobey the order of this Court. The petitioners have also accepted that the amount is received by them.

4.

In view of the facts stated above and in view of the submissions made before this Court that there is delay but same is unintentional and for certain administrative difficulties, the purpose of the petitioners to approach this Court is served. The contempt petition is accordingly disposed of. In view of disposal of contempt petition, the pending civil applications are also disposed of.

(MANISH PITALE, J.) (PRASANNA B. VARALE, J.) sjk