1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO. 299 OF 2009 IN WRIT PETITION NO. 5175 OF 2003 The Co-operative Industrial Estate ...Petitioner Versus The State of Maharashtra and others ...Respondents ..... Mr. P.S. Gakwad, Advocate h/f Mr. A.G.Talhar, advocate for the petitioner Mr. V.H. Dighe, A.G.P. for respondents Mr. P.R. Patil, advocate for respondent No.6. ..... CORAM: S. S. SHINDE, J. DATED: 28TH OCTOBER, 2010 PER COURT:- 1 Heard advocate, Mr. P.S. Gaikwad h/f Mr. A.G. Talhar, counsel for the petitioner, Mr. Dighe, learned A.G.P. for respondent Nos. 1, and 3 to 5 and Mr. P.R. Patil, learned counsel for respondent No.6 Municipal Corporation. 2 This contempt petition alleges disobedience of the order passed by the Division Bench of this court in writ petition No. 5175 of 2003 on 2 20.9.2004. In para 3 of the said order, it is observed thus, “3. Shri Tele, learned A.G.P. stated before us that if appropriate directions in the aforesaid nature are given to the Secretary, Urban Development Department, the same will be considered and appropriate order in that behalf will be passed. Accepting the statement made in the affidavit-in-reply and the document produced on record, i.e. the resolution of the General Body of the Jalgaon Municipal Corporation, Jalgaon dated. 17th Feb, 2004, we direct the Secretary, Urban Development Department, Government of Maharashtra, to pass appropriate order in that behalf. Said order should be passed as early as possible, preferably within four months from today.” 3 Upon perusal of the aforesaid paragraph in the order of the learned Division Bench, it clearly reveals that the Court directed the Secretary, Urban Development Department, Government of Maharashtra to pass appropriate order for issuing notification as Industrial Township of Jalgaon Industrial area. On perusal of the orders passed by the Division Bench, it appears that at the relevant time there was Resolution of the General Body of Jalgaon Municipal Corporation dated 17.2.2004 giving no objection for declaring the industrial area as industrial township. However, affidavit in reply is filed by the Joint Secretary, Urban Development Department, Mantralaya, Mumbai stating therein that now Jalgaon Municipal 3 Corporation has changed its stand and taken a decision not to declare the Jalgaon Industrial area as Industrial township. Therefore, the order which was passed by the learned Division Bench was certainly taking a note of the Resolution of the General Body of the Jalgaon Municipal Corporation, Jalgaon. However, since the Jalgaon Municipal Corporation, has now passed a subsequent resolution opposing the proposal of the State Government to issue notification or pass appropriate orders to declare Jalgaon industrial area as industrial township, the State Government cannot take any decision since the Corporation has now opposed the proposal of the state Government. In the circumstances, now the State Government is not empowered to pass such orders or to issue notification declaring Jalgaon Industrial area as Industrial Township without consent of Jalgaon Municipal Corporation. 4 In this view of the matter, in my opinion, there is no contempt as such. Hence, the contempt petition is disposed of. Notice stands discharged. However, it will be open for the petitioner to revive the prayers which were in the writ petition No. 5175 of 2003. ( S. S. SHINDE. J.) rlj/ 4