Satyappa Kalappa Madasnal And ORS v. Shri Pravin Gedam, The Collector
1/2 cp306.16 pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE CONTEMPT PETITION NO.306 OF 2016 Satyappa Kalappa Madasnal and Ors.
... Petitioners V/s.
Shri. Pravin Gedam and Anr.
... Respondents Mr. Ashok B. Tajane for the Petitioners.
Mr. P.G. Sawant, AGP for the Respondent No.1. CORAM :
A.S.OKA AND M.S. SONAK, JJ.
DATE :
7th SEPTEMBER 2018.
P.C. :
Digitally signed by Pallavi Mahendra Wargaonkar Date:
2018.09.10 12:24:56 +0530 Perused the order dated 13th January 2014 of which the Pallavi Mahendra Wargaonkar breach is alleged. We have perused the affidavit of Shri Rajendra Babanrao Bhosale to which a copy of the order dated 22nd June 2017 is annexed which shows that application dated 5th December 2011 has been decided by the said order. The grievance of the petitioners is two fold. The first grievance is as regards the delay in complying with the order and the second grievance is that the application dated 5th December 2011 is not properly dealt with.
The first respondent Shri Pravin Gedam has also filed an affidavit. He has given reasons as to why he could not comply with the said order till the date he was transferred from the post of the Collector of Solapur. He was transferred on 8th November 2014. He has tendered apology for not complying with the order dated 13th January 2014 while giving reasons as to why he could not comply with the order. In the affidavit filed by Dr. Rajendra Bhosale, the present Collector has also 1/2
2/2 cp306.16 tendered apology for the delay and has set out reasons for the delay. Considering the affidavits filed on record this is not a fit case where an action under the Contempt of Courts Act, 1971 can be initiated. Accordingly, the petition is disposed of.
If the petitioners has any grievance about the merits of the order passed by the Collector, he is free to adopt appropriate remedy in accordance with law.
(M.S. SONAK, J.) (A.S.OKA, J.) 2/2