cp184.10.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CONTEMPT PETN. NO.184/2010 IN FIRST APPEAL NO.141/2002 Uttamrao Bapurao Raut -vs- Sanjay Deshmukh, Collector and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri M. K. Kulkarni, learned counsel for the petitioner. Ms T. Khan, learned A.G.P. for the respondent Nos.1 to 5. CORAM : R. M. SAVANT, J. DATED : 26/07/2011. The above Contempt Petition alleges contempt of the judgment and order dated 7th October, 2009 passed by the Division Bench of this Court in the matter of deduction of Rs.5,00,000/- (Rs. Five Lacs Only) as development expenses, which according to the petitioner, have been deducted twice whilst paying the compensation to the petitioner. The respondents by their latest affidavit of one Gajendra Chintaman Bhawane dated 22/07/2011 have stated that the Reference Court while awarding compensation at Rs.10/- per sq.ft. has taken into consideration only an area of 200282 sq.ft.. Whereas this Court has held that the petitioner would be entitled to compensation for the entire area of 2.87 hectares and thereby there was increase of 108654 sq.ft. in respect of which area cp184.10.odt 2/2 according to the respondents the amount of Rs.5,00,000/- (Rs.Five Lacs Only) is to be deducted. It is therefore the case of the respondents that there is no deduction of Rs.5,00,000/- (Rs.Five Lacs Only) twice over. Be that as it may, in view of the fact that the exemption application filed by the petitioner for executing the decree passed in LAC No.229/1995 and as modified by this Court by judgment and order dated 7th October, 2009 rendered in First Appeal No.141/2002 and companion matter being First Appeal No.240/2002 is pending, it would be open for the petitioner to agitate the said issue before the Executing Court. If such an issue is raised, the Executing Court to take into consideration the relevant material including the reply filed by the respondents herein and thereafter adjudicate upon the said issue. In the light of the above, no case for proceeding with the respondents under the contempt jurisdiction is made out. The Contempt Petition is accordingly disposed of. JUDGE KHUNTE