Shankar Barge The Additional Collector Rehabilitation Collector Office v. Prabhakar Govind Mundale
Mohite
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 327 OF 2023 Digitally signed by TRUSHA TUSHAR MOHITE Date:
2024.10.23 12:03:27 +0530 WRIT PETITION NO. 9367 OF 2021 TRUSHA TUSHAR MOHITE Prabhakar Govind Mundale INTERIM APPLICATION NO.14056 OF 2024 CONTEMPT PETITION NO. 327 OF 2023 The Executive Engineer Corporation KIDC ..Applicant Prabhakar Govind Mundale INTERIM APPLICATION NO.14055 OF 2024 CONTEMPT PETITION NO. 327 OF 2023 Shankar Barge The Additional Collector Rehabilitation Collector Office ..Applicant Prabhakar Govind Mundale INTERIM APPLICATION NO.14054 OF 2024 CONTEMPT PETITION NO. 327 OF 2023 The Collector and Deputy Director For ..Applicant
Prabhakar Govind Mundale CONTEMPT PETITION NO. 328 OF 2023 Eliza Paolu Dsouza INTERIM APPLICATION (ST.) NO.30011 OF 2024 CONTEMPT PETITION NO. 328 OF 2023 The Executive Engineer Konkan Irrigation Development Corporation KIDC ..Applicant Eliza Paolu D'souza CONTEMPT PETITION NO. 329 OF 2023 Subhash Mahadev Chavan CONTEMPT PETITION NO. 334 OF 2023 Louis Bastyav Dsouza INTERIM APPLICATION (ST.) NO.30046 OF 2024 CONTEMPT PETITION NO. 334 OF 2023
The Collector and Deputy Director for Louis Bastyav Dsouza INTERIM APPLICATION (ST.) NO.30041 OF 2024 CONTEMPT PETITION NO. 334 OF 2023 The Executive Engineer Konkan Irrigation Development Corporation KIDC Louis Bastyav Dsouza INTERIM APPLICATION (ST.) NO.30038 OF 2024 CONTEMPT PETITION NO. 334 OF 2023 Vijaykumar Baliram Thorat The Superintending Engineer Corporation Louis Bastyav Dsouza INTERIM APPLICATION (ST.) NO.30033 OF 2024 CONTEMPT PETITION NO. 334 OF 2023 Shankar Barge The Additional Collector Rehabilitation Collector Office Louis Bastyav Dsouza CONTEMPT PETITION NO. 335 OF 2023 Machhindranath Mahadev Gosavi
INTERIM APPLICATION NO.14062 OF 2024 CONTEMPT PETITION NO. 335 OF 2023 The Executive Engineer Corporation KIDC Machhindranath Mahadev Gosavi INTERIM APPLICATION NO.14061 OF 2024 CONTEMPT PETITION NO. 335 OF 2023 The Collector and Deputy Director For Machhindranath Mahadev Gosavi INTERIM APPLICATION NO.14059 OF 2024 CONTEMPT PETITION NO. 335 OF 2023 Vijaykumar Baliram Thorat The Superintending Engineer Corporation Machhindranath Mahadev Gosavi CONTEMPT PETITION NO. 336 OF 2023 Lahu Anant Palambe
CONTEMPT PETITION NO. 337 OF 2023 Hanuman Shivaram Shinde CONTEMPT PETITION NO. 338 OF 2023 Manvel Motes Dsouza __________ Mr. Pradeep Sanchetti (Sr.Counsel) a/w Mr.Sanjeev Sawant, Mr.B. K. Barve, Mr.Sandeep Barve, Ms.Sonali Patil i/b M/s.B. K. Barve & Co., for the Petitioner.
Mr.Kedar Dighe, Addl.G.P. with Mr.S.H.Kankal, A.G.P. for State. __________
CORAM
: G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.
DATE : 18TH OCTOBER, 2024 P.C.:
1.
We have heard Mr.Sancheti, learned Senior Counsel for the Petitioner along with Mr.Sanjeev Sawant, as also Mr.Dighe and Mr.Kankal, learned Government Pleaders, on the present proceeding, which in our view, involves a serious issue in regard to the contempt being alleged against the high officials of the State Government.
2.
In pursuance of our order dated 10th October 2024, Dr.Soniya Sethi, Principal Secretary (Relief & Rehabilitation Department), Mantralaya,
Mumbai has filed an affidavit dated 15th October 2024. We have perused such affidavit. We have also perused the order dated 10th November 2022 passed by the Division Bench of this Court of which contempt is alleged in these Contempt Petitions. We have also been taken through the relevant provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1999. 3.
Having considered the issues which would arise for consideration, we are of the opinion that it would be in the interest of justice that, before we proceed with these Contempt Petitions, it would be appropriate that the State Government is permitted to assert its contentions on the Review Petitions filed by the State Government, which are now stated to be assigned to a Division Bench under the orders passed by the Hon'ble the Chief Justice. 4.
Awaiting the adjudication on such Review Petitions, we adjourn the proceedings with liberty to the parties to apply after the Review Petitions are decided.
5.
For the present, we adjourn the proceedings to 29th November 2024. 6.
The learned Additional Government Pleader states that he would move the Review Petitions before the appropriate bench. The Registry to do the needful.
(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.)