A contempt petition challenging the compliance of a previous order was disposed of. The Court found that the respondents initiated necessary steps, issued notices to 185 encroachers, and conducted hearings, thus satisfying the requirements of the order.
The contempt petition was disposed of without keeping it in pending.
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.
933-CP-562-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CONTEMPT PETITION NO. 562 OF 2019 IN
WRIT PETITION NO. 1514 OF 2018
Shridhar Vishwambar Deshmukh VERSUS
..PETITIONER
Sunil Jaywant Deshpande and Another ..RESPONDENTS
Mr. B.R. Kedar, Advocate for petitioner Mr. B.R. Sontakke Patil, Advocate for respondents
CORAM : P.B. VARALE AND R.G. AVACHAT, JJ. DATED : 06th FEBRUARY, 2020
PER COURT :
Heard learned Counsel for the petitioner.
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933-CP-562-19.odt
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933-CP-562-19.odt
of hearing. It is also stated that as the entire exercise requires more time than the stipulated period, application was moved in this Court for extension of time. Said application was allowed. Then it is stated that as there was large number of persons to whom notices were issued, apprehending some protest or opposition, necessary assistance from police machinery was also sought for so as to control any untoward situation if taken place. By way of illustration, two notices are also placed on record alongwith affidavit-in-reply issued to the encroachers. Then there is separate report annexed to the affidavit-in-reply, wherein it is mentioned that some of the noticees have approached this Court. It is stated in the affidavit-in-reply that several plot/land holders and occupiers have approached this Court by filing writ petition, wherein notices were issued to the municipal council and in some matters interim relief is granted by this Court. As such, the municipal council is unable to proceed further and is awaiting further orders to be passed by this Court in the petitions filed by the noticees. There is also a separate list of the land holders placed on record referring to 185 persons as the property holders.
( R.G. AVACHAT, J. )
SSD
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1 issue framed by the court
Whether the respondents have duly complied with the order of this Court regarding encroachment removal.
Shridhar Vishwambar Deshmukh
Sunil Jaywant Deshpande
Vishal Shrirangrao Bhosale
P. B. VARALE
R. G. AVACHAT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
