Shri Chintaman Pandharinath Kamlaskar Since Deceased Through Legal Heirs v. Rohidas Baban Warule

904 Cp-584-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 584 OF 2024 Chintaman Pandharinath

...Petitioner.

Versus

Rohidas Baban Warule and Others.

...Respondents.

------ Mr. Amit A. Gharte for the Petitioner.

Ms. M. P. Thakur, AGP for the Respondent-State (Respondent No. 6 and 8) ------ Coram : Sharmila U. Deshmukh, J.

Date : November 28, 2024.

P. C. :

1.

Affidavit-in-reply has been filed by Respondent No.1 tendering unconditional apology. As the order dated 8th October 2024 is not yet withdrawn, I am not incline to discharge the contempt notice. 2.

In paragraph 7 of the affidavit-in-reply, the Respondent No.1contemnor has stated that he would file suo moto review proceedings before the Assistant Collector and SDO for recalling the order dated 8th October 2024. Order dated 8th October 2024 has been passed by the Respondent No.1-Tahsildar and no provision has been pointed out which puts embargo on Tahsildar to withdraw the order being in violation of order passed by this Court. Similarly, no provision has been pointed out which requires a review order from the Assistant Collector Patil-SR 1 of

904 Cp-584-2024.doc and SDO before recalling the order dated 8th October 2024. The tenor of the affidavit appears to be that it is the Petitioner who is at fault for not bringing it to the notice of Tahsildar the fact about the extension of interim order passed by this Court. Affidavit-In-Reply does not acknowledge the fact that Tahsidlar has violated orders of the Court despite the interim order being passed on 6th January 2020 and continued upto 30th July 2024 and even thereafter. When faced with initial interim order, it was expected of Tahsildar to take necessary instructions from the office of Government Pleader before passing such orders. At this stage, this Court is not satisfied with the affidavitin-reply. 3.

List on 17th December 2024.

4.

Interim/ad-interim relief granted earlier to continue till the next date.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 28/11/2024 19:16:06