The Division Bench dismissed a contempt petition alleging non-compliance of an earlier order. The Court held that the prior order did not decide issues on merits regarding encroachment or business activities, leaving them for competent authorities, and thus finding no non-compliance.
Contempt petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
561.19cp
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CONTEMPT PETITION NO.561 OF 2019 IN WRIT PETITION NO.5104 OF 2016
Kalyan S/o Laxman Pole, Age : 43 years, Occ. : Agri., R/o Gandheli, Post. Adgaon, Tal. & District Aurangabad
..PETITIONER
VERSUS
Shri Uday Chaudhari, The District Collector, Aurangabad, Tal. & District Aurangabad
..RESPONDENTS
Mr S. B. Solanke, Advocate of petitioner; Mr S. G. Sangle, A.G.P. for respondent Mr A. G. Godhamgaonkar for respondent No.6 in writ petition;
CORAM : PRASANNA B. VARALE AND A. G. GHAROTE, JJ.
DATE : 17th OCTOBER, 2019
ORAL ORDER:
Heard learned Counsel appearing on behalf of the petitioner at length.
that the order of this Court, dated 20th February, 2019, passed in Writ Petition No.5104 of 2016 is not complied with.
561.19cp (2)
561.19cp
(3)
pursuant to which the grievance of the original writ petitioners did not survive.
561.19cp (4)
(A. G. GHAROTE, J.) (PRASANNA B. VARALE, J.)
sjk
3 issues framed by the court
Whether the contempt petition alleging non-compliance of a prior order has merit when that order did not adjudicate the merits of the underlying dispute.
Whether the petitioner succeeded in establishing non-compliance of the earlier judgment.
Whether the review applicant was entitled to be heard before any action was taken against them.
Kalyan S/o Laxman Pole
Shri Uday Chaudhari
Prasanna B. Varale
A. G. Gharote
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
