Dismissed

Arun Lahanuji Warghane and Others v. Mahendra Sonone

Bombay HC3 Dec 2021CP/113/2021

Case brief

AI extract

What is this about?

This contempt petition challenged non-compliance with directions in Writ Petition No.707/2018. The Court found that the auction of the specified lands satisfied the directions to recover dues, holding that auction and sale confirmation are independent processes. The petition was disposed of.

What did the court decide?

Contempt petition disposed of on the ground that the directions in the writ petition were complied with by the auction of the lands.

Arun Lahanuji Warghane and Others Vs Mahendra Sonone — Contempt of Court | Bombay HC (2021)

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9.CP113.21.odt 1

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR.

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CONTEMPT PETITION NO. 113/2021 IN WRIT PETITION NO.707/2018(D)

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Arun Lahanuji Warghane and ors.

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Vs.

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Mahendra Sonone, The Tahsildar, Seloo.,District Wardha.

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Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Shri Shantanu K. Bhoyar, Advocate for petitioners. Shri A.S.Fulzele, Additional Government Pleader for respondent sole.

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CORAM :- A.S.CHANDURKAR AND G.A.SANAP, JJ. DATED :- DECEMBER 03, 2021.

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The grievance of the petitioners in this Contempt Petition is with regard to non-compliance of the directions issued in Writ Petition No.707/2018. By the order dated 19.06.2018 time was granted to Shrikrushna Ginning and Pressing Factory in Writ Petition No.6986/2015 to take necessary steps as regards the proposal for acquisition of Survey Nos.66, 67, 68 and 69 at Sindhi Railway so as to recover the dues of the agriculturists and Bank of India.

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After the notice was issued in the contempt petition, the Tahsildar by issuing notification conducted an auction of lands bearing Survey Nos.68 and 289/1. By the communication dated 29.11.2021 issued by the Tahsildar, which is taken on record and marked ‘A’ for identification, a request has been made to the Collector, Wardha to confirm the sale in terms of Section 208 of the Maharashtra Land Revenue Code, 1966 as the entire sale consideration has been deposited by the auction purchaser.

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The learned counsel for the petitioners submits that some objections have been raised in those proceedings before the Collector.

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9.CP113.21.odt 2

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We find that the directions issued in the writ petition were to take appropriate steps to recover the dues of the petitioners. Since Survey Nos. 68 and 289/1 have now been auctioned, we find that the directions issued in the aforesaid writ petition stand complied with. The auction process and confirmation of sale are independent matters and if the petitioners have any grievance in that regard, they are free to seek redressal of the same in accordance with law.

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The contempt petition is disposed of.

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Andurkar..

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Digitally Signed byJAYANT S ANDURKAR Personal Assistant Signing Date: 03.12.2021 13:11

Arun Lahanuji Warghane and Others v. Mahendra Sonone

Case brief

What is this about?

What did the court decide?

Arun Lahanuji Warghane and Others v. Mahendra Sonone

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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