Smt. Nandabai Ganesh Bodkhe And Another v. Shri. Mannukumar Shrivastav, Secretary, Department Of Revenue And Forest, Mumbai And Others
1101cp181.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CONTEMPT PETITION NO.181/2017 IN WRIT PETITION NO.1947/2015 (D) Smt. Nandabai Ganesh Bodkhe and another ...Versus...
Shri Mannukumar Shrivastav, Secretary, Department of Revenue and Forest, State of Maharashtra, Mantralaya, Mumbai - 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.J. Shinde, Counsel for petitioners Shri A.M. Joshi, AGP for respondent nos.1 to 3 CORAM : SMT. VASANTI A NAIK AND ARUN D. UPADHYE, JJ.
DATE : 11/01/2018 By this contempt petition, the petitioners seek action against the respondents for wilful disobedience of the directions in the judgment dated 26/2/2016 in Writ Petition No.1947/2015. According to the petitioners, though this Court had disposed of the writ petition with a direction to the respondents to determine the extent of the acquired land of the petitioners and pay proportionate ex gratia compensation amount to the petitioners within three months, the respondents have not complied with the order.
The respondent no.3 has filed an affidavit-in-reply. To the affidavit-in-reply, the order dated 20/9/2017 is annexed. It is stated by referring to the said order that the ex gratia
1101cp181.17.odt compensation was paid to the petitioners and they have received the same. It is stated that the petitioners have received the ex gratia compensation and hence, nothing is payable to them. On a reading of the affidavit-in-reply and the order dated 20/9/2017, it cannot be said that the respondents have disobeyed the directions in the order of which the contempt is alleged. It appears from the order annexed to the affidavit-inreply of the respondent no.3 that the ex gratia compensation was paid to the petitioners and all the other co-owners have also received the ex gratia compensation. No action under the Contempt of Courts Act could be initiated against the respondents, in view of the aforesaid position. Hence, we dispose of the contempt petition with no order as to costs.
JUDGE JUDGE Wadkar