cp261.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO. 261 OF 2010 Gajanan Khandu Kolekar ...Petitioner Versus Vikram Deshmukh ...Respondent ..... Mr. R.N. Kolekar, advocate for the petitioner Mr. V. B. Ghatge, A.G.P. for respondent No.1 ..... CORAM: R.M. BORDE, J. DATED: 25TH APRIL, 2011 PER COURT:- 1 The petitioner is alleging willful disobedience of the directives issued by this Court in writ petition No. 980 of 2010 on 22.2.2010 at the hands of Revenue Officials. 2 This court while disposing of writ petition No.980 of 2010 had directed respondent No.5 i.e. Tahsildar, Georai to take action as per the communications/orders dated 9.11.2009 and 7.2.2009 respectively, expeditiously and in any case not later than three months cp261.10 -2- from the date of order. The communication dated 9.11.2009 was issued by the Divisional Commissioner to the Collector, Beed informing him to ensure availability of access to the petitioner for approaching his land Gat No. 173 through land Gat No.176 and 177. By communication dated 7.9.2009, the Collector, has communicated the Tahsildar to ensure compliance of the directives issued by the Divisional Commissioner. 3 An affidavit in reply has been presented by the respondent Tahsildar and it is stated therein that he has not committed intentional breach of the orders passed by this Court. An order has been passed by the appellate authority i.e. Sub Divisional Officer, Beed on 20.11.2004 in respect of right of way to land Gat no. 173 through the land Gat No. 174, 167, 175, 166, 176-B, 161 and 162. While determining the controversy involved in the said appeal certain directives are issued by appellate forum. The order passed by the Tahsildar on 27.9.2004 in the said matter has been set aside and earlier order of Tahsildar dated 11.6.2002 in respect of providing of right of way to reach Gat No. 172 and 178 has been maintained. The question of right to way to the property belonging to the petitioner is intrinsically connected with the dispute referred to above. It is informed that writ petition bearing No. 1177 of 2007 arising out of the order passed by the Revenue officials in the said proceedings, is cp261.10 -3- pending in this court and certain interim orders have been passed. The petitioner herein is also party to the pending writ petition. The order passed by the Divisional Commissioner on 20.6.2007 has been stayed by this Court. In view of pendency of writ petition No. 1177 of 2007, the petitioner herein cannot insist for enforcement of the directives issued by the Divisional Commissioner, Aurangabad on 9.11.2009. The controversy shall have to be decided in the pending writ petition and only after decision in the pending writ petition, the petitioner can be permitted to insist upon for enforcement of his right of way that too subject to final orders in pending writ petition. In the facts and circumstances stated above, it cannot be concluded that the Tahsildar has willfully violated the directives issued by this court in writ petition No. 980 of 2010. The contempt petition is devoid of substance and same stands rejected. Notice discharged. ( R.M. BORDE. J.) rlj/