1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.387 OF 2008 Uttam Baburao Malvankar (Deceased) through Mr.Sunil Chandarao Marne : Petitioner versus The State of Maharashtra & ors. : Respondents. Shri Amol Deshpande for the Petitioner. Shri A I I Patel, AGP, for Respondent Nos.1 and 3. Shri R P Behre for Respondent Nos.2 and 4. CORAM : R.M.SAVANT, J. DATED : FEBRUARY 17, 2009 P.C. 1. In the above Contempt Petition, the contempt alleged is of the Judgment and Order dated 21st September 2004. The Petitioner is to be allotted 50 Ares of land in terms of the directions contained in the said order. The Petitioner has been alloted only 11 Ares of land some time in the year 2007 and, therefore, the balance remaining to be allotted is to the extent of 39 Ares of land. 2 2. The learned counsel for the Petitioner draws my attention to the letter dated 22nd August 2008, addressed to the advocate for the Petitioner, in which letter it has been mentioned by the Office of the Commissioner Pune Region, Pune that a proposal for sanction of allotment of 35 Ares of land to the Petitioner out of Survey Nos.79+81+80+76/4 of village Katraj, Tal Haveli, Pune, area of 2500 sq. mtrs and out of Survey No.152/1 – 8 Ares and out of Survey No.88/1 – 2 Ares (making a total 35 Ares) has been sent to the Government. But the Government has not taken a decision till that date. 3. The Collector, Pune has filed an Affidavit in the above Contempt Petition. To the said Affidavit is annexed a letter dated 11th June 2008, in which letter the Collector has informed the Under Secretary, Forest Department the steps that would be required to be taken so that the said lands could be made available for allotment to the Petitioner. In the said affidavit it has been stated that a minimum 3 of six months would be required to make the allotment of the balance land to the Petitioner. 4. The Petition was heard for admission on 3rd February 2009 when the learned AGP appearing for the Respondents was directed to take instructions as to within how much time the order of which contempt has been alleged would be complied with as this Court was of the view that six months period mentioned in the Affidavit was too long a period. Pursuant to the said directions, the Deputy Secretary Shri Rajendra Surve is personally present in Court, on whose instructions, a statement is made by the learned AGP that the area remaining to be allotted to the Petitioner would be allotted expeditiously and within a period of three months from date. The said statement is accepted. Though in the letter dated 11th June 2008 the area remaining to be allotted is mentioned as 35 Ares, the learned AGP states that taking into consideration the 11 Ares which are alvready allotted the balance area of 4 Ares, to make the total area of 50 Ares would also be allotted within three months provided the 4 Petitioner gives his preference of the village from where the land of 4 Ares is to be allotted. 5. In view of the said statement made by the learned AGP on the instructions of the Deputy Secretary, in my view, there is now no warrant to proceed in the contempt jurisdiction against the Respondents. The above Contempt Petition is accordingly dismissed. [R.M.SAVANT, J]