Inamdar Khwaja Moinuddin v. Nipun Vinayak Commissioner Aurangabad Municipal Corp And Another

CP-810-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CONTEMPT PETITION NO.810 OF 2019 IN WRIT PETITION NO.10774 OF 2018 Dr. Inamdar Khwaja Moinuddin ..Petitioner

Versus

Dr.Nipun Vinayak, Commissioner, Aurangabad Municipal Corporation, Aurangabad and anr.

..Respondents Mr Qureshi Shaikhlal Abdul Gafar, Advocate for petitioner Mr A.P. Bhandari, Advocate for respondents no.1 and 2 CORAM : PRASANNA B. VARALE AND ANIL S. KILOR, JJ.

DATE : 12.12.2019 ORAL ORDER :

1.

Heard learned Counsel Mr Qureshi Shaikhlal Abdul Gafar for the petitioner and learned Counsel Mr Bhandari for respondents no.1 and 2.

2.

It was the grievance of the petitioner that in spite of order of this Court dated 6.2.2019 in Writ Petition no.10774 of 2018, directing the respondent-Corporation to complete the work of calculation and taken the decision on the representation of petitioner and to disburse the amount within a period of three weeks from the date of order, the order of this Court is not complied with.

3.

The copy of the petition was supplied to the office of the Commissioner. Mr Bhandari invited our attention to the affidavit-inreply on behalf of respondent no.2. In paragraph no.2 of the affidavitin-reply, respondent no.2 has tendered unconditional apology for the

CP-810-2019 delay caused in compliance of the order of this Court. It is further submitted that belatedly, the order of this Court is complied with. Our attention was also invited to an order dated 4.10.2019 wherein a reference is made to disbursement of the amount to the tune of Rs.25.000/- and the petitioner himself admits that prior to the disbursement of an amount of Rs.26,589/-, the amount to the tune of Rs.1 lakh and so was received by the petitioner, though belatedly.

It was the submission of the learned Counsel for the petitioner that due to the delay in receipt of the amount, the petitioner had to suffer some amount of agony, assuming that the petitioner was put to some sufferance but now, as no measure is available for this Court to quantify the agony caused to the petitioner, only considering the fact that the order of this Court is duly complied with and accepting the unconditional apology of respondent no.2 and further warning the respondents to make all possible attempts to comply with the orders of this Court within stipulated period, the Contempt Petition is disposed of.

( ANIL S. KILOR, J.) ( PRASANNA B. VARALE, J.) vvr