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Bombay High CourtCP/389/2024disposed off

Laxmibai Gopalrao Patil Deceased v. Shri Jitin Rahman Ias Assistant Collector Sub Divisional Officer Nashik Division

2026-04-24Hon'Ble Shri Justice Manish Pitale , Hon'Ble Shri Justice Shreeram Vinayak Shirsat2 pages

909_CP389_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.389 OF 2024 Laxmibai Gopalrao Patil (deceased) ...

Petitioner Vs.

Jitin Rahman IAS Assistant Collector Sub-Divisional Officer, Nashik Division ...

Respondent Mr. Anil Ahuja (through VC) for Petitioner.

Mr. R. S. Pawar, AGP for Respondent-State Ms. Arpita Ashok Thube, I.A.S., Assistant Collector and Sub-Divisional Officer, Nashik.

CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ.

DATE : APRIL 24, 2026 P.C. :

.

In the order dated 01.04.2026, this Court issued notice to newly added respondent Ms. Arpita Ashok Thube, Assistant Collector and SubDivisional Officer, Nashik as to why appropriate action should not be taken against her for willful disobedience of the directions of this Court. 2.

This was in the backdrop of an amended final award dated 09.03.2026 issued by the said officer. This Court in the order dated 01.04.2026, discussed in detail as to why the said amended final award dated 09.03.2026 was in the teeth of the directions of this Court and hence, prima facie, demonstrated willful disobedience on the part of the officer.

3.

The officer is present in Court today. An affidavit-cumexplanation of the said officer has been e-filed. The Registry is directed to take the same on record. For the sake of convenience, the learned MINAL SANDIP PARAB by MINAL SANDIP PARAB Date:

2026.04.24 17:37:42 +0530 AGP has tendered a photocopy of the said affidavit. The same is taken on record.

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909_CP389_24.doc 4.

Mr. Pawar, learned AGP, on instructions, makes a statement that the aforementioned amended final award dated 09.03.2026 shall be withdrawn forthwith and a prayer is made for liberty to the officer to pass a fresh award in the matter.

5.

It is submitted that this Court may consider granting reasonable time for passing a fresh award.

6.

The statement made by the learned AGP is recorded and the amended final award dated 09.03.2026 is treated as having been withdrawn. The statement of the Assistant Collector and Sub-Divisional Officer, Nashik is recorded to the effect that now a fresh award shall be passed and that, it shall be strictly in accordance with law. We expect the said officer to refer to the order dated 01.04.2026 and earlier orders, including order dated 06.09.2023 passed in Writ Petition No.9572 of 2023, particularly paragraph 11 thereof, while passing the fresh award in accordance with law.

7.

The exercise of passing the fresh award shall be undertaken within a period of six weeks from today. No further time shall be granted.

8.

List this petition at the top of the cause-list under the caption 'for compliance' on 15.06.2026.

9.

Although we had not directed the aforesaid officer to remain present in Court today, her presence has been noted. The presence of the said officer on future dates is dispensed with, unless directed otherwise. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Minal Parab 2/2