Shri. Gangaram S/O Chotuulal Bhatawale v. Shri. Vikas S/O Rajaram Mane

2023:BHC-AUG:25874-DB 35-CP-812-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 812 OF 2023 IN WRIT PETITION NO. 12133 OF 2017 Gangaram Chotuulal Bhatawale ..PETITIONER

VERSUS

Vikas Rajaram Mane ..RESPONDENT ....

Mr. A.A. Mukhedkar, Advocate for petitioner Mr. A.R Kale, Add. G.P. for State ....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ DATE : 11th DECEMBER, 2023 PER COURT :

1.

The petitioner is alleged to have made contempt of order of status quo dated 05th November, 2020. The said writ petition has now been dismissed on its own merits. For better appreciation, the observations made in paragraph no.22 of the said order are reproduced below :- "22.

It is not in dispute that on 01.06.2016, Respondent No.4 - NHAI issued a notification and intended to acquire their land 2 H 21 R out of S No.4/1, 4/2, Gut No. 1, situated at Rahimpur Tq. & Dist. Nanded for construction of National Highway No. 361, but no acquisition proceeding was initiated and no compensation was determined. However, on 06.04.2017, Respondent No. 4 issued fresh notification dated 01.06.2016 and 1 / 2

35-CP-812-23.odt acquired the land of the Petitioners viz., 0.0631 H.R. + (Premchand) + 0.2140 H.R. + (Gangaram) + 0.0631 H.R. (Hiralal) + 0.0631 H.R. (Punamchand) + 0.0431H.R. (Mohan) + 0.0631 H.R. (Gopal) = Total 0.5095 H.R., which is lesser area than the notification dated 01.06.2016. Respondent No. 4 deposited compensation amount as per award before the Civil Court. The Petitioners, therefore, are entitled to the compensation to the extent their lands have been acquired." 2.

The petitioner proposes to take exception to the order of dismissal of the writ petition by filing special leave petition thereagainst. In view of the same, for the present, we are not inclined to entertain this contempt petition. Same, therefore, stands disposed of.

( SANJAY A. DESHMUKH, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2