1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 13567 OF 2010 IN WRIT PETITION NO. 586 OF 2010 The Dist. Collector, Ahmednagar & Anr. ....Applicants. Versus Shaikh Gulab Shaikh Abbas ....Respondents. Mrs. A. V. Gondhalekar, A.G.P. for applicants. Mr. U. B. Bondar, Advocate for respondent. CORAM : B.R. GAVAI AND A.A.SAYED, JJ. DATED : 21st October, 2010. PER COURT : 1. In the present matter, we had issued notice to Tahsildar, Shevgaon. Since we were of the prima facie view that certain averments made in the affidavit in reply are contemptuous in nature inasmuch as the impression that could be gathered from the said averments was that the order passed by this Court could not be complied with since the Government has not granted approval to the order passed by this Court. 2. When the affidavit is filed before this Court, the person who drafts so also the officers are expected to draft the same with due application of mind. The deponent and the learned Assistant Government Pleader, who drafts the affidavit, cannot do so mechanically. No one is above the 2 law and impression cannot be given that for complying the orders passed by this Court, a prior approval of the State Government is necessary. If such a situation is permitted, it will affect the very concept of majesty of law. 3. Though we could have taken a serious view of the matter, since it would be difficult to ascertain as to who is to blamed, either the draftsman or officer, we are not inclined to proceed further in the matter and accept the unconditional apology, which the learned Assistant Government Pleader tenders on behalf of the said Officer, who is personally present in the Court. We also accept the statement made by the learned A.G.P. on the basis of instructions of the said Officer that the payment would be made to the petitioner on or prior to 5th of November 2010. The said statement is accepted as an undertaking to this Court. 4. Civil Application is disposed of in view of what has been observed hereinabove. [ A. A. SAYED ] [ B. R. GAVAI ] Judge Judge ssc/ca13567.10