Bombay High Court
Suryakant Manohar Gundal vs Uttam Patil, The Deputy Collector ... on 30 November, 2022
Bench: R.D. Dhanuka, S. G. Dige
Shubhada S Kadam 901 cp 747.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. 747 OF 2022
Suryakant Manohar Gundal ....Petitioner
Versus
Uttam Patil, the Deputy Collector (Rehabilitation)
and ors. ....Respondents
Mr. Nitin Deshpande, Advocate for the Petitioner.
Mr. A. I. Patel, Additional Government Pleader with Mr. Atul P.
Vanarase, AGP for Respondent - State
CORAM : R. D. DHANUKA &
S. G. DIGE, JJ.
DATE : 30th NOVEMBER, 2022.
P.C. :
1. Mr. Deshpande, learned counsel for the petitioner, seeks
leave to amend the prayer clause (A) of the petition so as to correct
the date of the judgment and order dated 2 nd September, 2013 as
"25th January, 2019". Leave to amend is granted. Necessary
amendment to be carried out forthwith. Re-verification is dispensed
with. Copy of the amended petition be served upon the learned
AGP.
2. The petitioner, by way of the present petition, seeks an
Digitally signed
by SHUBHADA 1/4
SHANKAR
SHUBHADA KADAM
SHANKAR Date:
KADAM 2022.11.30
19:43:37
+0530
Shubhada S Kadam 901 cp 747.2022.doc
initiation of action of contempt under the provisions of Contempt of
Courts Act, 1971 against the respondents for willful disobedience
of the judgment and order dated 25 th September, 2019 passed by
this Court in writ petition No.7803 of 2013.
3. Mr. Deshpande, learned counsel for the petitioner, stated
that he is ready and willing to appear before the District
Resettlement Officer and to produce all the relevant documents in
support of his claim for allotment of the land under the provisions of
Maharashtra Project Affected Persons Rehabilitation Act, 1999 (for
short the "Resettlement Act") and the said District Resettlement
Officer be directed to pass the order expeditiously. The statement is
accepted.
4. Learned AGP, on instructions, stated that the
representation of the petitioner will be considered within four weeks
from the date of hearing that would be granted to the petitioner and
after complying with the requisitions, if any, by the petitioner. The
statement is accepted.
5. The petitioner through its representative is directed to
Shubhada S Kadam 901 cp 747.2022.doc
remain present before the District Resettlement Officer with all the
documents in support of its claim on 12 th December, 2022 at 11.00
a.m.
6. The District Resettlement Officer will grant a personal
hearing to the petitioner and after considering the documents that
may be produced by the petitioner and after hearing his arguments,
shall pass an order within four weeks from the date of granting such
a personal hearing.
7. If the District Resettlement Officer seeks any further
documents to be produced by the petitioner or seeks any further
details, the same shall be supplied within one week from the date of
requisition.
8. The order that may be passed by the District Resettlement
Officer shall be communicated to the petitioner within one week from
the date of passing of such order.
9. If the prayer of the petitioner for the allotment of the land
is accepted, consequential reliefs shall be granted to the petitioner
Shubhada S Kadam 901 cp 747.2022.doc
within four weeks thereafter from the date of passing of such order.
10. If the representation of the petitioner is rejected, and if
any adverse order is passed, the petitioner would be at liberty to file
appropriate proceedings permissible in Court.
11. It is made clear that this Court has not expressed any
views on merits of the representation of the petitioner. All
contentions of both parties are kept open.
12. The contempt petition is disposed off in the aforesaid
terms. There shall be no orders as to costs.
13. The parties to act on the authenticated copy of this order.
(S. G. DIGE, J.) (R. D. DHANUKA, J.)
