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16-CP-406-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. 406 OF 2023
Yogesh Associates ...Petitioner
Versus
State Of Maharashtra and Ors. ...Respondents
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Mr. Shubham Gurav i/b Talekar and Associates for the Petitioner.
SNEHA
Ms. A.A. Purav, AGP for Respondent No.1.
NITIN
CHAVAN
Ms. Archana Gaware i/b Kedar Dighe for Respondent No.2/PCMC.
Digitally signed
by SNEHA ****
NITIN CHAVAN
Date: 2024.02.02
17:52:53 +0530
CORAM : NITIN JAMDAR AND
M.M.SATHAYE, JJ.
DATE : 31 JANUARY 2024
P.C. :
. The contempt is alleged of the order dated 29
November 2023 in Writ Petition No. 1455 of 2023. By this order a
simplicitor direction was issued to take a decision within a period of
8 weeks and the decision has to be communicated thereafter to the
Petitioner. If any adverse order was to be passed, the Petitioner was
given liberty to challenge the same.
2. The Contempt Petition is filed on the ground that the
said order is not complied with. Affidavit is tendered by the
Respondent Corporation wherein communication of the Petitioner
to the Corporation is sought to be placed on record, where it is stated
Sneha Chavan
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16-CP-406-2023.doc
that the corporation is proceeding to acquire the land by way of
consensus and it is also decided to pay the amount immediately and
therefore, the Contempt Petition would be withdrawn. All this was
not in contemplation of the Court when it passed the order in the
Writ Petition. The Court only directed to take decision and
communicate it to the Petitioner. It appears to us that the Contempt
jurisdiction is being used by the Petitioner for some other purposes.
We decline to proceed in contempt jurisdiction.
3. The Contempt Petition is disposed of.
(M.M.SATHAYE, J.) (NITIN JAMDAR, J.)
Sneha Chavan