Courts On Its Own Motion v. Dy Collector And Land Acquisition Officer, Pench Prakalp, Nagpur And Another

3 can 144-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAN) NO. 144 OF 2021 IN CONTEMPT PETITION NO. 370 OF 2016 IN CIVIL REVISION APPLICATION NO. 112 OF 2015 (D) Court on its Own Motion ...Versus...

Deputy Collector, Land Acquisition Pench Prakalp, Nagpur and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------- Ms N.P. Mehta, AGP for respondent No. 1 CORAM : N.B.SURYAWANSHI, J.

DATE : 29/10/2021 Heard the learned Assistant Government Pleader for applicant/respondent No.1.

2.

None appears for respondent No.2.

3.

This application is filed seeking recall of the order dated 08/10/2021, whereby a statement made on behalf of respondent No.1 by the learned Assistant Government Pleader was recorded that remaining dues shall be deposited in this Court within a period of three weeks from that day. It was ordered that, in case, the amount is not deposited within the stipulated period the Deputy Collector, Land Acquisition Officer, Pench Project shall remain present.

4.

The learned Assistant Government Pleader submits that the said statement was inadvertently made and, in fact, in compliance of the orders passed earlier, ex gretia payment is already

3 can 144-2021.odt deposited by applicant/respondent No.1. It was for the respondent No.2 to deposit an amount of Rs. 5,00,000/- in terms of the orders passed by this Court on 06/09/2017 in the contempt petition. The respondent No.2 was permitted to deposit an amount of Rs. 1,00,000/- every month starting from September, 2017.

5.

The respondent No.1 - Hema Rajesh Bade, Deputy Collector, Pench Project, Nagpur is present in the Court.

6.

Taking into consideration the averments made in the application, the application deserves to be allowed and the same is hereby allowed. The order passed on 08/10/2021 is hereby recalled. 7.

Place the matter for further consideration on 02/12/2021.

JUDGE J.Pethe..