Bombay High Court
Arun Manohar Deshpande And Ors vs State Of Maharashtra, Thr. G. P. High ... on 3 July, 2021
Bench: K.K. Tated, R.I. Chagla
27-cpst-10003-2021.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION (ST.) NO.10003 OF 2021
IN
WRIT PETITION NO. 10756 OF 2019
Shri Arun Manohar Deshpande & Ors. ...Petitioners
Versus
State of Maharashtra & Ors. ...Respondents
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Mr. Sumit Khaire, for the Petitioner.
Mr. Rajan Pawar, AGP for the Respondent.
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CORAM : K.K. TATED &
R.I. CHAGLA, JJ.
DATE : 3 July 2021
ORDER :
1. Heard learned Counsel for parties.
2. Learned Advocate for the Petitioners submits that the Respondents are duly served. Inspite of that no one appeared on behalf of the other Respondents, when the matter called out.
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3. By this Contempt Petition, the Petitioners are seeking to take action against the Respondents for not obeying the order passed by this Court dated 16th October, 2019.
4. The learned Counsel for the Petitioners submits that the Petitioners are project affected persons. He submits that as per the Maharashtra Project Affected Persons Rehabilitation Act, 1999, the Petitioners are entitled for alternate accommodation. Hence, the Petitioners have fled application before the Competent Authority. However the Competent Authority has failed to take decision on their application within time, therefore, they preferred Writ Petition No.10756 of 2019 for direction against the Respondents. He submits that in the said matter this Court by order dated 16th October, 2019 directed the Respondent to decide the applications dated 23rd July, 2019 and 11th August, 2019 as early as possible, but in any case within three months from the date of that order. He further submits that though the copy of the said order was already served on the Respondents they failed and neglected to comply with the same order. Hence, the Petitioners have preferred the present Contempt Petition. 2/4 ::: Uploaded on - 05/07/2021 ::: Downloaded on - 05/07/2021 21:22:04 :::
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5. Considering the submissions made by learned Counsel for the Petitioners and after perusing the order dated 16th October, 2019 and till today the Respondents have failed to decide the Petitioners applications dated 23rd July, 2019 and 11th August, 2019, prima facie, we feel that the Respondents have committed contempt of this Court. Hence, we pass the following order:-
(i) The Registry is directed to issue notice before admission to the Respondents returnable on 30th July, 2021.
(ii) This notice shall not be treated as Contempt Notice under Rule 8 (1) of the Contempt of Courts (Bombay High Court) Original Side Rules, 1994.
(iii) In addition to usual mode of service, the Petitioners are permitted to serve the Respondents by private notice along with entire proceedings either by RPAD and / or by hand delivery and fle Affdavit of Service to that effect on or before 23rd July, 2021. 3/4 ::: Uploaded on - 05/07/2021 ::: Downloaded on - 05/07/2021 21:22:04 :::
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6. At this stage, the learned AGP Mr. Pawar submits that he is appearing on behalf of Respondents. The Respondents to fle their Affdavits in Reply on or before 16th July, 2021 with copy to other side.
7. In view of the appearance of the AGP for Respondents there is no need to issue notice at present as stated above.
8. Matter to appear on board on 30th July, 2021.
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