Sakharam S/O Wankar Wankhede And Another v. Shri. Kiran Kurundkar, Collector, Buldhana And 2 Others

3103cp69.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CONTEMPT PETITION NO.69/2015 IN WRIT PETITION NO.763/2014 (D) Sakharam s/o Wankar Wankhede and another ...Versus...

Shri Kiran Kurundkar, Collector, Buldhana 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 A.P. Kalmegh, Advocate for petitioners Shri N.S. Khubalkar, AGP for respondents - State CORAM : SMT. VASANTI A. NAIK AND A.M. BADAR, JJ.

DATE : 31.03.2015 By this contempt petition, the petitioners seek action against the respondent nos.1 to 3 under the provisions of the Contempt of Courts Act for wilful and deliberate disobedience of the order dated 4.7.2014 in Writ Petition No.763/2014. It is stated on behalf of the petitioners that despite the directions of this Court to the Collector and Tahsildar to apply before the trial Court for their joinder as parties and take up the matter for vacation of interim injunction, the Tahsildar and Collector have not filed any application.

Though specific direction was not issued to the Collector and Tahsildar, since we hoped and expected the Collector and Tahsildar to make expeditious attempt of seeking

3103cp69.15.odt their joinder in civil suit, we had asked the learned Assistant Government Pleader to take instructions from the concerned authorities.

Shri Khubalkar, the learned Assistant Government Pleader appearing on behalf of the respondents has tendered an affidavit-in-reply filed on behalf of the Collector, Buldhana in the Court today. The same is accepted on record. On a perusal of the affidavit-in-reply, it appears that the orders passed by this Court in Writ Petition No.763/2014 have been complied with, inasmuch as the Collector and Tahsildar have applied for permission to intervene in the civil suit. We do not find that there is any disobedience of the directions issued by this Court in the writ petition.

In view of the aforesaid, the contempt petition is disposed of with no order as to costs.

JUDGE JUDGE Wadkar