1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.P. NO.209/2011 IN W.P. NO.2102/2004 (D) IN W.P. NO.2051/1979 (D) (BANWARILAL GIRDHARILAL THR. PROP. RAMESHKUMAR JEJANI & OTHERS VERSUS SHRI B.P. RATHOD, THE PRESENT ADMINISTRATOR, APMC & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.P. Joshi, counsel for the petitioners. CORAM : SMT. VASANTI A. NAIK, J. DATE : NOVEMBER 09 , 2011 . Heard the learned counsel for the petitioners. By this petition, the petitioners seek action against the respondents for deliberately flouting the orders passed by the Division Bench of this Court on 28.10.2005 in Writ Petition No.2102/2004. The learned counsel for the petitioners submitted that though it was clearly stated in the pursis filed by the Agriculture Produce Market Committee in Writ Petition No.2102/2004, on which the order dated 28.10.2005 was based, that the Market Committee shall grant two month’s time to the allottees to shift their business from Itwari Market to Kalamana Market from the date of giving possession of the shop blocks to the respective traders and thereafter, the Market Committee shall be at liberty to take appropriate legal action against the traders, who continue to operate from Itwari Dhanya Ganj Area. It is submitted on behalf of the petitioners that it was necessary for the respondents to have initiated legal action against the traders, who continued to operate from Itwari Dhanya Ganj Area and outside it, after a period of two months from the final allotment of shifting their business to 2 Kalamana Market. The learned counsel for the petitioners relied on certain documents to show that the Committee was permitting some of the traders to operate from elsewhere though the time of two months for shifting their shops from Itwari Market to Kalamana Market had lapsed. On hearing the learned counsel for the petitioners and on perusal of the order dated 28.10.2005, of which the contempt is alleged to have been committed, it is clear that there is no direction by this Court to the Market Committee to take legal action against the traders, who continued to operate from Itwari Dhanya Ganj Area. In fact, the order dated 28.10.2005 disposing of the petition on the ground that the grievance of the petitioner stands redressed in view of the proposal given by the Market Committee, merely records a statement in the pursis that the Market Committee shall be at liberty to take appropriate legal action against the traders, who continue to operate from Itwari Dhanya Ganj Area. It appears from the pursis filed by the Market Committee that the Market Committee had not given any sort of undertaking for initiating appropriate legal action against the traders, who continued to operate from Itwari Dhanya Ganj and it was stated that the Committee was at liberty to take appropriate action. When a party is at liberty to take action, the party may take that action or may not take that action. There is no direction as such by the Division Bench of this Court in Writ Petition No.2102/2004 directing the Market Committee to initiate appropriate legal action against the traders, who continue to operate from Itwari Dhanya Ganj Area. Also, there is no undertaking whatsoever by the Market Committee that it would take appropriate legal action against the traders operating from elsewhere. In such circumstances, it cannot be said that the respondents have flouted the directions issued by the Division Bench of this Court, on 28.10.2005. 3 In the result, the contempt petition is dismissed with no order as to costs. JUDGE APTE