Mahadu Maruti Gochade (Died) Through. Rakhmaji Jankoba Shimple v. Rahul Patil Tahsildar, Ambajogai

1 C.P.364.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 364 OF 2015 .

Mahadu Maruti Gochade (Died) through Rakhmaji Jankoba Shipale ...PETITIONER versus Rahul Patil, Tahsildar, and others ...RESPONDENTS .....

Mr. T.G. Gaikwad, Advocate for Petitioner .....

CORAM : SUNIL P. DESHMUKH, J.

DATED : 15th JULY, 2015 Order :- 1.

Learned counsel for contempt petitioner purports to submit that since time period referred to in order dated 27-08-2014 in writ petition no. 3099 of 2014 has not been adhered to for decision in the matter pending before Tahsildar, Ambajogai, same would amount to contempt of order of court. From perusal of order dated 27-08-2014, it can be gathered that this court intended that proceedings pending before tahsildar be taken up for expeditious disposal and, as such, it observed that tahsildar may dispose of the same preferably within a period of thirty days from the date of said order i.e. 27-08-2014. 2.

Perusal of order dated 26-11-2014 passed by tahsildar shows that the matter could not be dealt with earlier for various reasons referred to in the order. Order does not depict that there was any element of defiance in not keeping with contended stipulation. From

2 C.P.364.15 the reasons which have been given under order dated 26-11-2014 of tahsildar and that order of this court did not strictly require to adhere to time period, it cannot be said that it would be an contumacious contemptuous act or there is element of contempt of the same. 3.

As such, contempt petition, does not call for any consideration. Contempt petition, as such, is dismissed.

Sd/- ( SUNIL P. DESHMUKH, J. ) MTK