Revansidha Soma Laman Rathod Since Dec. Thr. Rep. Thr. Legal Heir Mr. Dnyaneshwar Revansidha Rathod v. Mr. Atul Kapole

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 414 OF 2024 Revansidha Soma Laman Rathod Since deceased Thr. LRs.

...Petitioner.

Versus

Atul Kapole and others.

...Respondents.

------ Dr. Ramdas Sabban for the Petitioner.

Mr. A. R. Patil, AGP for the Respondent-State. Mr. Amolsingh A. Bhosale, Land Acquisition Officer is present. ------ Coram : Sharmila U. Deshmukh, J.

Date : January 27, 2025.

P. C. :

1.

The contempt Petition came to be disposed of by order dated 15th January 2025. During the hearing of Petition on 6th January 2025, Mr. Patil, learned AGP, on instructions, had made a statement that within a period of one week, the amount of compensation will be deposited in the trial Court and the order of 15th January 2025 dismissing the contempt Petition records that amount is stated to have been deposited in the Trial Court on 10th January 2025 and evidence to that effect in the form of communication was tendered across the bar. 2.

The communication tendered in the Court on 15th January 2025 was a communication of 10th January 2024 addressed by the Deputy 1 of

Collector Amolsingh Bhosale to the Civil Judge, Senior Division recording that as per the order of High Court passed in the contempt Petition, amount of Rs.1,87,07,844/- received from the Executive Engineer is being deposited in the CJSD Court at Solapur. The communication bears endorsement of the clerk of the Court of CJSD, Solapur. Accepting the said submission made across the bar and considering the communication addressed by Deputy Collector, this Court by order dated 15th January 2025 dismissed the contempt Petition with liberty to the Petitioner to take out appropriate proceedings in case of any short-fall. Subsequently, Mr. Patil, learned AGP mentioned the matter before this Court pointing out that despite the written communication forwarded to his office and based on which he made submission before this Court that the amount has been deposited, in fact the amount was not deposited. Accordingly, the matter was placed today under the caption for directions. 3.

It is evident that a wrong statement was made based on the written instructions given by the Deputy Collector, which amounts to interference in the administration of justice and case for contempt of Court is made out. Hence, issue notice to Deputy Collector Amolsingh Bhosale under Chapter XXXIV of the Bombay High Court Appellate Side Rules, 1960, returnable on 24th February 2025. 2 of

4.

In view of the non deposit of amount of compensation, order dated 15th January 2025 is recalled. List the Contempt Petition on 24th February 2025.

[Sharmila U. Deshmukh, J.] 3 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 27/01/2025 20:34:03