1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO. 133 OF 2009 Shri. Sham s/o. Mangaldas Manwani ....Petitioner. Versus The State of Maharashtra & others ....Respondents. Shri. J.N. Singh, Advocate for the petitioner. Shri. K.S. Patil, A.G.P. for the respondent Nos. 1 and 2. CORAM : R.K. DESHPANDE, J. DATE : 9th December, 2009 ORAL ORDER : 1. Heard Shri. J.N. Singh, the learned counsel for the petitioner. 2. This contempt petition complains willful disobedience/breach of the order dated 27.7.2000 passed by the Division Bench of this Court in Writ Petition No. 3248/2000. By this order, the respondents were directed, not to take coercive measure action against the petitioner so long as he is paying the royalty. The complaint of the petitioner is that he has been paying royalty, however, on 10.2.2009, the machinery was sealed by the respondents, which was in violation of the order. Hence, this contempt petition is filed. 2 2. In response to the notice of the contempt petition, an affidavit has been filed dated 18.7.2009 by the Tahsildar, Aunda-Nagnath, Tq. Aundha-Nagnath, District Hingoli, stating therein that at present crushing machinery is in operation, the petitioner has failed to pay the amount of royalty for the year 2008-09 and the crushing machine is in working condition. He has further expressed unconditional apology for the alleged act of contempt. 3. Keeping in view the fact that the seal of the machine is already opened, it is functioning and the petitioner is paying royalty, I do not find any reason to proceed with the instant contempt petition. However, it is open for the petitioner to initiate any action against the respondents for alleged illegal sealing of machine on 10.2.2009. 4. In the result, the instant contempt petition is dismissed. [ R.K. DESHPANDE, J. ] ssc/cp133.09