Shri Ramchandra Dhondiba Patane Thr. Poa. Shri Dattatray Prakash Wankar v. Sunil Thorave And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 480 OF 2017 IN WRIT PETITION NO.6908 OF 2016 Shri Ramchandra D. Patane ..Petitioner Vs.

Sunil Thorave and Others ..Respondents Mr.M. S. Mulla I/b I. M. Khairdi, for the Petitioner. Mrs. Kirti R. Kulkarni, AGP, for Respondent Nos.1 to 3. Mr. Thorve S. P., District Rehabilitation Officer, Solapur present in court. CORAM:­K. K. TATED & B. P. COLABAWALLA,JJ.

DATE :­ JUNE 25, 2018.

P. C.:

Heard. It is the contention of the Petitioner that this Court by order dated 31st January, 2017 passed in writ Petition No. 6908 of 2016 directed the Respondents to decide their application for allotment of alternate land as project affected person within three months. As the Respondents failed and neglected to do so, they filed present Contempt Petition.

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The learned AGP Mrs Kulkarni for the Respondent State submits that they filed affidavit in reply dated 18th June, 2018 duly affirmed by Vinod Subhash Ranaware. She submits that there is some delay on their part to decide the Petitioner's representation for the reasons stated in their affidavit in reply. She further submits that finally they decided the Petitioner's representation by order dated 2nd June, 2018. Said order is placed on record as Exhibit­6 on page 31. She submits that for the reasons stated in their affidavit in reply and as the order is already passed by the concerned authority on 2nd June, 2018, nothing survives in the present Contempt Petition. She submits that the delay which is caused for passing the order may be condoned. She further submits that Mr. Thorve S. P., District Rehabilitation Officer, Solapur is present in Court.

Considering the submissions made by the learned AGP for the Respondents and as the order is already complied, there is no question of taking any action against the Respondents under the Contempt of Court Act. Hence, following order:­ (A) Contempt Petition stands rejected.

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(B) Liberty granted to the Petitioner, if they so desire to take appropriate steps for challenging the order dated 2nd June, 2018 passed by the Respondent on his representation which is Exhibit­6 on page 31. ( B. P. COLABAWALLA, J. ) ( K. K. TATED, J. ) Aswale 3/3