IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 217 OF 2007 CONTEMPT PETITION NO. 217 OF 2007 CONTEMPT PETITION NO. 217 OF 2007 WITH CIVIL APPLICATION NO. 59 OF 2006 Narayan Sakharam Jadhav ) age 51 years, OccuP Farming/ ) Agriculturist,residing at ) Post Kumbharshat, Post - Pali, ) Tal. Sudhgad, Dist. Raigad. )..Petitioner V/s. 1. Mr. A.S.Gujjar, ) The Tahsildar, at Post Pali ) al. Sudhagad, Dist. Raigad. ) 2. Mr. S.M.Mhatre ) The Talathi ) At Post - Pali, Tal-Sudhagad ) Dist. Raigad. ) 3. Kisan Shantaram Khariale, ) At Post Pali, Tal.Sudhagad, ) Dist. Raigad. ) 4. Sunil Ganpat Khariwale, ) At Post - Balap, Tal. Sudhagad ) Dist. Raigad. ) 2 5. LaxmibaiSonu Sonawane. ) 6. Suresh Sonu Sonawane ) At Post Kumbharshet, Pali ) Respondent No. 5 and 6 ) at Tal. Sudhagad, Dist. Raigad ) 7. Baba Sharda Kulkarni ) at Post - Pali, Tal.Sudhagad. ) Dist:Raigad. ) 8. Jaykisan Bhimsing Ohingara ) At Post - Balap, Tal.Sudhagad, ) Dist. Raigad. ) 9. The State of Maharashtra ) 10. Shri Sandip Ganesh Karivale, ) Balap, Tq. Sudhagad, ) Dist. Raigad. )..Respondents (Respondents No.1 & 2 are contempted and Respondent nO.3 to 10 is formal party). Mr.R.K.Mendadkar, Advocate, appointed as amicus curiae for the petitioner. Mr. D.A.Patil, AGP, for Respondents Nos. 1 & 2. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 29th February,2008. DATE: 29th February,2008. DATE: 29th February,2008. 3 JUDGMENT JUDGMENT JUDGMENT 1. Heard Mr. Mendadkar, Amicus Curiae for the petitioner and Mr. Patil, AGP, for respondents Nos. 1 and 2. Perused the record. 2. The Sub-Divisional Officer, Mangaon Division, Mangaon, had passed an order in RTS Revision Application No.5 of 2004 whereby he had directed to cancel the Mutation Entry Nos. 646, 647, 674 and 675 in Village Balap, Tal,. Sudhagad. He had also directed the Tahsildar, Sudhagad to take a decision after holding a detailed enquiry about the heirs and in that respect action to be taken to enter the Mutation in respect of the property and to certify the same.The third direction was to take disciplinary action against the concerned Talathi. It was contended that inspite of this order being passed on 30.11.2004, the order was not complied by the respondent No.1, who was Tahsildar, and respondent No.2, who was Talathi. 3. Affidavit has been filed by Krushna Joma Mhatre, who is presently working as the Circle Officer, Jambhulpada, wherein he has stated that in obedience to the order dated 30.11.2004, he has already cancelled the 4 said mutation entry and the said change has been effected on 20.12.2004 vide mutation entry No.692. This statement is supported by the copy of the relevant entry. He has also deposed that as per the direction, the Tahsildar, A.S.Gujjar, conducted the enquiry and a decision was taken on 2.5.2005. A copy of the enquiry report is produced as Exhibit 2 along with the affidavit. The affidavit of Kashinath S. Patil, who is presently working as Tahsildar, Taluka Sudhagad, reveals that Mr. C.G.Gujjar, who was Tahsildar at the relevant time, has already retired and the then Tahsildar had submitted a report dated 7.4.2005 in relation to the action to be taken against the police patil who had misled the Talathi 4. In view of the above two affidavits supported by the relevant documents, I find that the order passed by the S.D.O. has been fully complied with and no further action is required. If the parties are not satisfied with the said action, they may approach the appropriate authority as per the Rules. 5. In view of the above, the Contempt Petition as well as the Civil Application stand disposed of. 5 (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)