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Bombay High CourtCP/934/2018disposed offdismissed for default

Ananda Narayan Patil v. Ramsing Sulane The Special Land Acquisition Officeer- 2 U.T.P.H. Jalgaon And ANR

2018-12-18Hon'Ble Shri Justice N. J. Jamadar3 pages

1 CP 934.2018+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 931 CONT. PETITION NO.934 OF 2018 IN FA/3941/2017 ANANDA NARAYAN PATIL

VERSUS

RAMSING SULANE THE SPECIAL LAND ACQUISITION OFFICEER-2 U.T.P.H. JALGAON AND ANR ...

WITH CP/935/2018 IN FA/3940/2017 SHRIRAM JAIRAM PATIL

VERSUS

RAMSING SULANE THE SPECIAL LAND ACQUISITION OFFICEER-2 U.T.P.H. JALGAON AND ANR ...

WITH CP/936/2018 IN FA/3939/2017 HARI KHANDU KAKADE

VERSUS

RAMSING SULANE THE SPECIAL LAND ACQUISITION OFFICEER-2 U.T.P.H. JALGAON AND ANR ...

WITH CP/937/2018 IN FA/3938/2017

2 CP 934.2018+ JAIRAM TUKARAM CHAUDHARI

VERSUS

RAMSING SULANE THE SPECIAL LAND ACQUISITION OFFICEER-2 U.T.P.H. JALGAON AND ANR ...

Advocate for Petitioners : Mr.Jadhav Chetan T.

AGP for Respondents: Mr. S B Pulkundwar ...

CORAM : N.M. JAMDAR, J.

Dated: December 18, 2018 ...

PER COURT :- 1.

Tese contempt petitions have been filed by the petitioner seeking to take an action under the Contempt of Courts Act against the respondents-Special Land Acquisition Officer and Executive Engineer, who have been joined by name.

2.

Te petitioner has stated that the petitioner has not been paid the amount under the judgment and order passed dated 5 May 2017 by this Court. Te Judgment and order passed is in the first appeals arising from the orders passed by the Reference Court in respect of land acquired. Tis Court allowed the appeals and granted enhancement. Instead of filing execution proceedings, being a decree, the petitioners have straight away moved the Contempt Petition by joining the officers by name. It is not for mere execution of a decree

3 CP 934.2018+ that power of contempt under the Contempt of Courts Act is to be exercised. Considering the purpose and effect of the orders passed in contempt jurisdiction, the Court have to circumspect in using this power.

3.

Contempt petitions are disposed of.

( N.M. Jamdar, J. ) ...