Siddheshwar S/O. Panchappa Hawa v. Shri. Shrawan Hardikar, Comissioner, Nagpur Municipal Corporation, Nagpur
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cp.138 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR Contempt Petition No.138 of 2016 (Siddheshwar s/o Panchappa Hawa vs.
Shri Shrawan Hardikar, Commissioner, N.M.C., Nagpur) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.S. Dhengale, Advocate for the Petitioner. Shri J.B. Kasat, Advocate for the Respondent.
CORAM
: S.B. SHUKRE, J.
DATE : 21 st DECEMBER, 2016.
Heard the learned Counsel for the petitioner and the learned Counsel for the respondent.
The learned Counsel for the respondent has produced before the Court affidavit-in-reply of the proposed contemptnor-Shri Shravan Pramod Hardikar. It is taken on record.
A perusal of the affidavit-in-reply discloses that some action for removal of certain portion of the unauthorised and illegal construction was undertaken by the respondent. But same could not be continued after the status quo order was passed in the execution proceedings initiated by the petitioner. The status quo order was passed on 17/10/2016. It must be pointed out here that liberty to institute the proceedings for execution was granted to the petitioner by
cp.138 2 this Court on 1st July, 2016 and thereafter all these developments take place. It is clear that no prima facie case for willful disobedience has been made out. The contempt petition, therefore, deserves to be rejected summararily. The contempt petition stands rejected.
*sdw JUDGE