Priti Rohit Kachi v. Rohit Pralhad Kachi

11 CP 141-25.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION LAXMI SUBHASH SONTAKKE CONTEMPT PETITION NO. 141 OF 2025 IN WRIT PETITION NO. 750 OF 2025 by LAXMI SUBHASH SONTAKKE Date: 2025.12.02 17:25:42 +0530 Reliable Infra Project Pvt. Ltd.

...Petitioner

Versus

Changdev Moholkar

...Respondent

_______ Mr. Saurabh Butala a/w Manvi Sharma for Petitioner. Mr. P. G. Sawant, AGP for Respondent-State.

_______

CORAM:

AARTI SATHE, J.

DATE:

1st DECEMBER 2025 P.C.

1.

This Contempt Petition has been filed by the Petitioner on account of deliberate/willful non compliance of the order dated 22nd January 2025 passed by this Court in the above writ petition. By way of the aforesaid order, this Court had directed the District Superintendent of Land Records, Thane to implement the order dated 5th September 2024 passed by the Sub Divisional Officer, Thane and carry out measurement of the portion of land bearing survey no. 95 acquired by MIDC. However, it is the Petitioner's contention that the said measurement has not been carried out so far and hence there is a contempt of the order dated 22 nd January 2025 which has resulted in the Petitioner filing the present Contempt Petition.

2.

An affidavit in reply dated 28th April 2025 has been filed by Mr. Changdev Moholkar (the then Deputy Superintendent of Land Record, Thane), wherein he has tendered his unconditional apology for the inconvenience caused to this Court on account of non compliance of the order dated 22nd January 2025 Laxmi

11 CP 141-25.DOC passed by this Court. As Mr. Changdev Moholkar is no longer the Deputy Superintendent of Land Records, Thane, he has submitted that Mr. Siddheshwar Ghule, City Survey Officer, Thane has carried out measurement of the subject land as per direction of this Court given by order dated 22nd January 2025. In view thereof, learned Counsel for the Petitioner submits that since the grievance of the Petitioner has been satisfied, this Contempt Petition can be disposed of. 3.

Learned Counsel for the Respondent, on instructions, also submits that the survey was carried out by the officer Mr. Siddheshwar Ghule on 22nd May 2025. Learned Counsel for the Petitioner has accepted the aforesaid statement made by the Respondent. In view thereof, the Contempt Petition stands purged by Respondent and nothing survives in the aforesaid Contempt Petition. 4.

The Contempt Petition stands disposed of accordingly. No costs. 5.

At this stage, learned Counsel for the Petitioner submits that the Petitioner may have some dispute over the measurement carried out and which the Petitioners are entitled to raise dispute before the appropriate forum in accordance with law.

(AARTI SATHE, J.) Laxmi