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Bombay High CourtCP/764/2016disposed offdismissed for default

Sheshrao Dyanoba Gaikwad And Another v. The State Of Maharashtra And Others

2017-06-27Hon'Ble Shri Justice S C Dharmadhikari,Hon'Ble Shri Justice Mangesh S. Patil2 pages

1 CP - 764-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 764 OF 2016 IN WRIT PETITION NO. 5286 OF 2013 Sheshrao S/o Dyanoba Gaikwad and another .. Petitioners VS.

The State of Maharashtra and others .. Respondents ---- Mr. U.R. Awate, Advocate i/b. Talekar and Associates for the petitioners Mrs. A.V. Gondhalekar, A.G.P. for the respondent/State Mr. B.A. Darak, Advocate for respondent no.3 ---- CORAM : S.C. DHARMADHIKARI & MANGESH S. PATIL, JJ.

DATE : 27-06-2017 ORAL ORDER :

1.

Heard.

2.

Having perused the order passed by this Court and the communication dated 21/06/2017, copy of which is taken on record and marked "X" for identification, we are of the opinion that the Assistant Director of Town Planning, Nanded has caused the

2 CP - 764-2016 measurements to be done and equally there are other Officers and Authorities incharge of that exercise, who have acted in terms of this Court's directions. That they acted belatedly, by itself and without anything more, cannot be a ground to proceed in civil contempt.

3.

The Petition is misconceived and is disposed of. [MANGESH S. PATIL] [S.C. DHARMADHIKARI] JUDGE JUDGE arp/