Bombay High CourtCP/23/2025dismissed

Sarda Education Society, Anjangaon Surij, Amravati Thr. Secy., Dr. Amar Rameshchandra Sarda v. Dadarao Dattatraya Dolharkar, Chief Officer, Municipal Council, Anjangaon Surji, Amravati And ORS.

2025-01-30Hon'Ble Shri Justice Avinash G. Gharote,Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 cp23.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CONTEMPT PETITION NO. 23 OF 2025 IN WRIT PETITION NO.2121 OF 2016 (P) ( Sarda Education Society, Anjangaon Surji ..vs.. Dadarao Dattatraya Dolharkar, CO, MC, Anjangaon Surji and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V.G. Ingole, Counsel for the petitioner.

CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATE : 30-01-2025 The petition alleges contempt of the order dated 20.6.2019, on the basis of a statement that sanction has been granted to respondent No. 4 on 27.6.2024 for development (Page No.33). Perusal of the order dated 20.6.2019 (Page No.20) would indicate that same does not prohibit grant of sanction and what is actually prohibited is the development consequent to the sanction. There is nothing pointed out on record to indicate that any development activity has been commenced in pursuance to the sanction granted. What is being restrained by the order dated 20.6.2019, is the commencement and carrying out of the development without the permission of this Court. As nothing in this regard has

2 cp23.25 been pointed out to us, a mere statement simplicitor without anything else would not be enough to exercise our inherent jurisdiction. We do no see any substance in the petition, therefore, it is dismissed. Needless to say, that in case in future the petitioner finds any violation, it would be entitled to approach the Court.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) belkhede/adgokar