Sri S. Harish Tas Fac, vs M/S Pratap Jungle Resorts Private ...

         THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                                      AND
         THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR


               CONTEMPT APPEAL No.18 of 2020

JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)


        Mr.    Andapalle        Sanjeev         Kumar,      learned   Special

Government Pleader for the appellant.


        Mr.    Ashish       Kale,     learned       counsel     representing

Ms. Sneha Bhogle, learned counsel for respondents No.1

to 3.

2. This appeal under Section 19 of the Contempt of Courts Act, 1971, has been filed against the order dated 20.02.2020 passed in C.C.No.1553 of 2019 by which the appellant has been held guilty of violation of the order dated 27.09.2019 passed in I.A.No.1 of 2019 in W.P.No.21343 of 2019 and has been held liable for imprisonment for a period of four weeks and has also been held liable to pay a fine of Rs.2,000/-. 2

3. Against the order dated 27.09.2019 passed in I.A.No.1 of 2019 in W.P.No.21343 of 2019, the appellant and others had filed an intra court appeal, namely W.A.No.126 of 2020, on 13.02.2020.

4. In the present appeal, on 16.03.2020, an ad interim order was passed staying the operation of the order dated 20.02.2020.

5. Learned counsel for the appellant submits that there was no element of wilful disobedience of the order on the part of the appellant as the appellant was prosecuting the remedy of appeal. The delay in compliance of the order is unintentional. It is also pointed out that the pattadar pass book was subsequently issued to respondents No.1 to 3.

6. However, learned counsel for respondents No.1 to 3 has contended that in the records maintained by the Stamps and Registration Department, subject property is still shown as the property belonging to the State Government.

7. Learned Government Pleader, on instructions, submits that the aforesaid entry shall be corrected within a period of one week from today.

8. The aforesaid submission is taken on record.

9. In the absence of any wilful disobedience on the part of the appellant, we are not inclined to proceed further with the appeal.

10. The appeal is accordingly disposed of.

Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.

______________________________________ ALOK ARADHE, CJ ______________________________________ N.V.SHRAVAN KUMAR, J 03.10.2023 vs