A contemnor alleged for making a mutation entry despite an ad-interim order was found not to have committed willful disobedience.
The contempt notice is discharged and the contempetition is disposed of.
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cpst-1492-16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION (ST) NO.1492 OF 2016 IN
CIVIL WRIT PETITION NO.9072 OF 2015
… Mr.Rajesh Chhaganlal Patwa ...Petitioner v/s. The State of Maharashtra and ors. ...Respondents And Mrs.Vaishali Suresh Lumbhate ...Contemnor
Mr.Rajesh Singh for the Petitioner. Mr.P.G.Sawant, AGP for the Respondents Nos. 1 & 2.
... CORAM : A.S.OKA & A.A. SAYED, JJ. DATED : 19 OCTOBER 2016
P.C.:
Heard the learned Counsel appearing for the Petitioner. The contemnor is personally present in the Court, who has filed an Affidavit. The breach alleged is of the order dated 9 September 2015 passed in Writ Petition No.9072 of 2015 filed by the present Petitioner. The proceedings under section 84(C) of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short 'the said Act of 1948') was pending before the Tahsildar, Bhiwandi, of which a show cause notice was issued to the Petitioner. By adinterim order dated 9 September 2015, of which the breach is alleged, this Court permitted proceeding on the basis of show cause notice to continue. However, it was observed that if the order passed was adverse to the
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Petitioner, the same shall not be implemented till the next date. On 13 October 2015, when the matter was listed before a Division Bench, the same did not reach and the ad-interim order dated 9 September 2015 was continued. On 10 December 2015, the Contemnor passed an order of resumption under section 84(C) of the said Act of 1948. The breach alleged is that contrary to the ad-interim order of this Court, on 14 December 2015, an effect was given to the order of the Contemnor by making a mutation entry.
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come to a conclusion that there is any willful breach or disobedience of the order of this Court on the part of the Contemnor. By accepting the statements made in the Affidavit, the Contempt Notice is discharged. The Contempt Petition is disposed of.
(A.A. SAYED, J.)
(A.S.OKA, J.)
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1 provisions across 1 enactments
Mr. Rajesh Chhaganlal Patwa
The State of Maharashtra
A.S. Oka
A.A. Sayed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
