Krishna Raghu Tamkar (Dec.) Thr. Lrs. Vishnu Krishn Tamkar (Dec.) Thr. Lrs. Eknath Vishnu Tamkar v. Rahul Rekhawar, Collector And Deputy Director For Rehabilitation And ORS.

KAWRE KIRAN KALYAN KAWRE KIRAN KALYAN Date: 2023.08.04 15:08:55 +0530 1 26-cp-772-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 772 OF 2022 Krishna Raghu Tamkar (Dec.) Thr. Lrs. Vishnu Krishn Tamkar (Dec.) Thr. Lrs. Ekanath Vishnu Tamkar

...Petitioner

Versus

Rahul Rekhawar, Collector And Deputy Director For Rehabilitation & Ors.

...Respondents

--- Mr. P. D. Dalvi, for the Petitioner.

Mr. A. I. Patel Addl. GP, a/w Mr. Rajan S. Pawar AGP for State. Mr. Rahul A. Rekhawar, Collector, Kolhapur.

--- CORAM : G. S. KULKARNI & JITENDRA JAIN, JJ.

DATE : 2 AUGUST 2023 P.C.:- 1.

This Contempt Petition was filed alleging that the respondents are in breach and / or had not complied with the directions of this Court dated 12 July 2022, passed in Writ Petition No. 2944 of 2020 whereby, the respondents were directed to allot an alternate suitable land as demanded by the petitioner as observed in paragraph 7 of the said order. 2.

We need not delve on the several contentions as made in respect of the allotment of certain lands as per the orders passed by this Court, suffice it to observe that by an order dated 25 July 2023 Gat Nos.635, 366 & 361 Kiran Kawre

2 26-cp-772-2022.doc situated at Mauje Khebavade, Tq, Karveer. District, Kolhapur have been allotted to the petitioner admeasuring 2.80 Hectors as set out in Column no. 7 & 13 of the said allotment order.

3.

In this view of the matter, we are of the opinion that the orders passed by this Court stands complied. We may also observe that the petitioner being aggrieved by the said order dated 25 July 2023, by which land is allotted to him on the ground that the land as allotted is not suitable for cultivation and / or for agricultural purposes has already filed Writ Petition No. 9453 of 2023 before this Court, which is also listed today along wit the present proceedings.

4.

All contentions of the parties in respect of the allotment of the said land vide order dated 25 July 2023 are now subject matter of examination by the Court in such proceedings. For the above reasons, we are of the opinion that further adjudication of the contempt petition is not called for as by virtue of issuance of such order dated 25 July 2023 the said order of which breach is alleged in the present proceeding stands complied. The Contempt Petition is accordingly disposed of in terms of the above observations. No costs.

(JITENDRA JAIN, J.) (G. S. KULKARNI, J.) Kiran Kawre