Abasaheb Venkatrao Bhalerao And Another v. The District Collector Hingoli And Others

{1} cp 315.19.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 9 CONTEMPT PETITION NO.315 OF 2019 IN WP/256/2017 ABASAHEB VENKATRAO BHALERAO AND ANOTHER

VERSUS

THE DISTRICT COLLECTOR, HINGOLI AND OTHERS ...

Advocate for Petitioners : Mrs. Poonam V. Bodke Patil AGP for Respondents:Mrs. M.A. Deshpande ...

CORAM : PRASANNA B. VARALE & A. G. GHAROTE, JJ. ...

Date: August 26th, 2019 ...

PER COURT :- Heard learned counsel for the petitioners.

It was the grievance of the petitioners that by order dated 17.01.2017 passed in Writ Petition No.256 of 2017, respondent No.2 Tahsildar of Basmat, District Hingoli, was directed to take decision on the application of the petitioners on its own merit and in accordance with law within stipulated period of six weeks from the date of receipt of the order of the Court. But, for the reasons best known to the authority, no decision was taken till filing of the instant petition.

Copy of the petition was served on the Office of the Government Pleader. Learned AGP submits that the copy of the petition was forwarded and instructions were called from the concerned. In response, it was informed to the Office of the Government Pleader that the Tahsildar has taken a decision in

{2} cp 315.19.odt the matter in the year 2018 itself. Learned AGP also places on record a copy of the decision dated 04.05.2018. Same is taken on record and marked 'X' for identification.

Learned AGP further submitted that, respondent No.2 Tahsildar admits that there is delay in compliance of order of this Court and tenders an unconditional apology to this Court for the delay submitting that, the delay caused is due to procedural defects and the same was for bonafide reasons and unintentional one.

The explanation submitted to this Court on behalf of respondent No.2 is accepted.

The learned AGP further submits that respondent No.2 undertakes to this Court that henceforth he will take due care and caution to comply with the orders of this Court within stipulated period.

The submission made on behalf of respondent No.2 is accepted as an undertaking to this Court.

As the order of this Court is now complied with, the grievance of the petitioners no more survives. Contempt Petition is accordingly disposed of.

(A. G. GHAROTE, J.) (PRASANNA B. VARALE, J.) vbd