Dismissed

Smt. Nandabai Ganesh Bodkhe and Another v. Shri. Mannukumar Shrivastav, Secretary, Department of Revenue and Forest, Mumbai and Others

Bombay HC11 Jan 2018CP/181/2017

Case brief

AI extract

What is this about?

The High Court considered a contempt petition alleging non-compliance with a previous writ order regarding land compensation. The court found that an order annexed to the reply affidavit confirmed the ex gratia compensation was paid, thus dismissing the petition.

What did the court decide?

Contempt petition disposed of with no order as to costs.

Smt. Nandabai Ganesh Bodkhe and Another Vs Shri. Mannukumar… — Contempt of Court | Bombay HC (2018)

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1101cp181.17.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CONTEMPT PETITION NO.181/2017 IN WRIT PETITION NO.1947/2015 (D)

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Smt. Nandabai Ganesh Bodkhe and another

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...Versus...

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Shri Mannukumar Shrivastav, Secretary, Department of Revenue and Forest, State of Maharashtra, Mantralaya, Mumbai – 32 and others

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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Shri R.J. Shinde, Counsel for petitioners Shri A.M. Joshi, AGP for respondent nos.1 to 3

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CORAM : SMT. VASANTI A NAIK AND ARUN D. UPADHYE, JJ. DATE : 11/01/2018

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By this contempt petition, the petitioners seek action against the respondents for wilful disobedience of the directions in the judgment dated 26/2/2016 in Writ Petition No.1947/2015.

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According to the petitioners, though this Court had disposed of the writ petition with a direction to the respondents to determine the extent of the acquired land of the petitioners and pay proportionate ex gratia compensation amount to the petitioners within three months, the respondents have not complied with the order.

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The respondent no.3 has filed an affidavit-in-reply. To the affidavit-in-reply, the order dated 20/9/2017 is annexed. It is stated by referring to the said order that the ex gratia

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1101cp181.17.odt

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compensation was paid to the petitioners and they have received the same. It is stated that the petitioners have received the ex gratia compensation and hence, nothing is payable to them.

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On a reading of the affidavit-in-reply and the order dated 20/9/2017, it cannot be said that the respondents have disobeyed the directions in the order of which the contempt is alleged. It appears from the order annexed to the affidavit-inreply of the respondent no.3 that the ex gratia compensation was paid to the petitioners and all the other co-owners have also received the ex gratia compensation. No action under the Contempt of Courts Act could be initiated against the respondents, in view of the aforesaid position.

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Hence, we dispose of the contempt petition with no order as to costs.

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JUDGE JUDGE

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Wadkar

Smt. Nandabai Ganesh Bodkhe and Another v. Shri. Mannukumar Shrivastav, Secretary, Department of Revenue and Forest, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Smt. Nandabai Ganesh Bodkhe and Another v. Shri. Mannukumar Shrivastav, Secretary, Department of Revenue and Forest, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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