Narendra Kumar Kacharulalji Abad And Others v. Shivaji Jondale And Others

1 CP - 745-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 745 OF 2016 IN WRIT PETITION NO. 3965 OF 2016 Narendra Kumar S/o Kacharulalji Abad and others .. Petitioners VS.

Mr. Shivaji Jondale and others .. Respondents ---- None present for the petitioners Mr. S.G. Karlekar, A.G.P. for the respondent/State Mr. Amit Deshpande, Advocate for respondent no.3 ---- CORAM : S.C. DHARMADHIKARI & MANGESH S. PATIL, JJ.

DATE : 17-07-2017 ORAL ORDER :

1.

The petitioners and their Advocate is absent. The Contempt Petition is filed in Writ Petition no. 3965 of 2016. 2.

The alleged contemnor is the Jalna Municipal Council though its Chief Executive Officer.

3.

The Council's Advocate submits that similar directions were issued in Writ Petition No. 3966 of 2016 and alleging default in

2 CP - 745-2016 compliance of the same, Contempt Petition no. 721 of 2016 was filed. That Petition was disposed of on 16th June, 2017, with the following order :

"1. Having heard both sides and finding that the Jalna Municipal Council has already forwarded the recommendation to the State and the Collector, on compliance with the requirements and particularly of payment of measurement fees, will take appropriate decision, we do not think that any proceedings for civil contempt ought to be initiated. The Contempt Petition is disposed of. "

4.

Since the present Contempt Petition arises out of companion Writ Petition, and similar order was passed in the Writ Petition, this Contempt Petition alongwith Contempt Petition no. 721 of 2016 was listed together with some other matters earlier, we follow the same order and dispose of the present Contempt Petition. [MANGESH S. PATIL] [S.C. DHARMADHIKARI] JUDGE JUDGE arp/