Randirsingh S/O. Jagdish Thakur And ORS.3 v. Dines S/O. Hanumanprasad Tiwari And ORS.

34-CP-95-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO. 95 OF 2025 IN WRIT PETITION NO. 5319 OF 2023 (D) (Randirsingh s/o Jagdish Thakur & Ors. Vs. Dines s/o Hanumanprasad Tiwari & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Abhay Bhide, Counsel for the petitioner.

.....

CORAM : ANIL L. PANSARE, J.

JUNE 16, 2025 Heard.

2] Vide order dated 13/12/2023 passed in Writ Petition No. 5319/2023, upon the statement made by respondent no.1's Counsel (petitioner therein), the Court directed respondent no.1 to forthwith remove obstruction so that the road width of 8 1⁄4 feet from western boundary of survey no. 60 shall be provided to the petitioner.

3] The contention is, despite such direction given in December, 2023, obstruction to the extent of only 4 feet has been removed, thereby defeating the purpose of direction. The petitioner is unable to use the road for all agricultural purposes, including movement of bullock cart and tractor.

4] As such, contempt is alleged against the respondent no.1 as also the revenue authorities, however, considering the statement made by respondent no.1's Counsel and the direction given thereon, for the time

34-CP-95-2025 being, I deem it appropriate to issue notice only against respondent no.1.

5] Accordingly, issue notice to respondent no.1 as to why proceedings under Contempt of Courts Act, 1971, be not initiated against him. Notice be made returnable on 7/7/2025.

(ANIL L. PANSARE, J.) Sumit Signed by: Mr. Sumit Agrawal Designation: PS To Honourable Judge Date: 16/06/2025 16:48:58