1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Contempt Petition No. 177/2008 (Manoj Madhukarrao Thakre VERSUS Sanjay Deshmukh, Collector, Yavatmal) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri F.T. Mirza, counsel for the petitioner. Shri P.D. Kothari, Assistant Government Pleader for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : JANUARY 7, 2009. By this petition, the petitioner seeks to initiate the action against the respondent, the Collector, Yavatmal, under the Contempt of Courts Act, 1971 for deliberate and willful contempt of the order passed by the Division Bench of this Court on 17.04.2008 in Writ Petition No.3165/2007. The order passed by the Division Bench in Writ Petition No.3165/2007 reads thus----- “Mr. Jichkar, learned AGP for the Collector, assures that appropriate action will be taken in the matter as may be warranted on the basis of report received from Assistant Director, Town 2 Planning dated 15.02.2005, pursuant to which the Collector was already issued direction to the Sarpanch, Gram Panchayat, Waghapur under communication dated 16th March, 2005. In other words, the Collector is expected to take the matter to its logical end within four weeks from today and report compliance thereof to this Court on affidavit, to be filed before next date of hearing, which is now slated on 5th June, 2008.” It is the case of the petitioner that though the Division Bench of this Court had directed the Collector, Yavatmal to take the matter to its logical end within a period of four weeks from the order dated 17.04.2008 and file a compliance report in the Court on affidavit before the next date of hearing, i.e. 05.06.2008, the respondent Collector has not taken any steps in the matter and has deliberately flouted the orders passed by the Division Bench of this Court on 17.04.2008. 3 The respondent has filed an affidavit-in- reply dated 27.11.2008. It is stated in the affidavit that the respondent and the Chief Executive Officer, Zilla Parishad, Yavatmal have already taken steps on the report of the Assistant Director, Town Planning, Yavatmal on 20.11.2008. It is also stated in the affidavit that the respondent has directed the Secretary and Sarpanch of the Gram Panchayat for removal of the unauthorised constructions made and to take immediate steps for providing civic amenities in the area. It is then stated in the affidavit that as soon as the order dated 17.04.2008 was received by the Office of the respondent, the respondent immediately informed, the Chief Executive Officer and the Sarpanch and the Secretary to take steps in pursuance of the order dated 17.04.2008. The affidavit then states that the answering respondent has no intention of disobeying the orders of this Court and all steps at the level of the respondent are 4 taken by the respondent and further necessary action can only be taken by the Gram Panchayat authorities. On hearing the submissions made on behalf of the parties and on perusal of the documents annexed to the affidavit dated 27.11.2008, it is clear that the respondent-Collector took immediate steps in the matter by asking the Chief Executive Officer and the Secretary and Sarpanch of the Gram Panchayat to take further necessary action in pursuance of the order passed by the Division Bench of this Court on 17.04.2008. Shri Kothari, the learned Assistant Government Pleader, states that an affidavit is filed by the respondent in Writ Petition No.3165/2007 on 01.12.2008 and the same could not have been filed earlier as the respondents to the petition, to whom the Collector had communicated, had not replied to the communications dated 03.05.2008. 5 It appears from the order passed by the Division Bench of this Court on 17.04.2008 that the Collector was expected to take the matter to its logical end within four weeks from the date of the order. The Collector had immediately acted in the matter but, the further compliance was required to be made by the authorities of the Gram Panchayat against whom no directions were issued by the Division Bench of this Court. Even otherwise, the Sarpanch and the Secretary of the Gram Panchayat are not made parties to this contempt petition even after filing of the affidavit dated 27.11.2008. The contempt proceedings against the respondent are hereby dropped for the aforesaid reasons. The contempt petition is disposed of with no order as to costs. JUDGE APTE