Mrs Suneela Anand Gupte v. State Of Maharashtra

by RUPALI RAJESH WAKODIKAR Date:

2024.12.17 10:34:31 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL CONTEMPT PETITION NO. 2 OF 2024 Mrs. Suneela Anand Gupte

...Petitioner

Versus

The State of Maharashtra

...Respondent

Mr. Niranjan Mogre for the Petitioner.

Mr. K.V.Saste, Addl.P.P for the Respondent-State. Ms. Kanchan Phatak i/b Mr. Nitin P. Deshpande for the respondent No.2.

Mr. Suryakant Yewale, Tahasildar, Pune City, present. CORAM : REVATI MOHITE DERE & SHIVKUMAR DIGE, JJ.

DATE : 13 th DECEMBER, 2024 P.C. :

1.

Several orders have been passed in the aforesaid petition from time to time. Infact, on 21st October, 2024, a detailed order was passed in the aforesaid contempt petition. Considering the manner in which the respondents were acting i.e. the land in question was not being protected properly and what was being done was an eye-wash and in a sense not to protect the property, we were constrained to 1/3

request the Collector of Pune District, to appear before us through V.C. on 13th November, 2024.

2.

Pursuant thereto, on 13th November, 2024, Mr. Divase, Collector of Pune District appeared before us, through V.C. Accordingly, the following order was passed on 13th November, 2024 : "1. Pursuant to our order dated 11th November 2024, Mr. Suhas Divase, Collector, Pune District has appeared before us through video-conferencing.

2. Mr. Divase states that appropriate steps will be taken to ensure that the property in question is well protected, it being public property. He, however, seeks time.

3. At his request, stand over to 13th December 2024. To be placed under the caption 'For Direction'."

3.

Today, Mr. Saste, learned Addl.P.P has placed on record a report of the Tahasil Office, Pune City, dated 11th December, 2024. To the said report are annexed photographs to show that tin sheets have been put on three sides of final Plot No. 881A. 4.

Learned Counsel for the petitioner states that there is one illegal bunglow and an illegal hoarding on the adjacent Government 2/3

land on final plot No.881 and that no action has been taken by the authority to demolish the said unauthorized construction and hoarding on Government land. The said report is taken on record. 5.

Mr. Saste, learned Addl.P.P, on instructions states that appropriate notice will be issued to the persons occupying the illegal bunglow as well as to the person, who has erected the illegal hoarding on the said Government land within one week from today. Statement accepted.

6.

Mr. Saste, learned Addl.P.P further states that notice will be given to the adjacent plot holder to complete the construction of the boundary wall, failing which, the authority would be constrained to erect tin sheets on the fourth side i.e. on final plot No. 881A. 7.

Stand over to 20th January, 2025.

SHIVKUMAR DIGE, J REVATI MOHITE DERE, J.

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