1 cp142.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CONTEMPT PETITION NO. 142 OF 2009 IN WRIT PETITION NO. 3303 OF 2008 The Progressive Education Society & Ors. ...Petitioners. Vs. The State of Maharashtra & Ors. ...Respondents. Mr. Rajdeep S. Khadapkar, Advocate for the petitioners. Mr. A.I.I. Patel, AGP for respondent No.1. Mr. J. Shekhar, Advocate i/by M/s J. Shekhar & Co. for Respondent No.2. CORAM : J.H.BHATIA, J. DATE : 30th September, 2010 P.C.: 1 Heard the learned counsel for the parties. Read the affidavit of Mr. Arun L. Umale, City Engineer, Nashik Municipal Corporation. 2. The present petitioner had filed Writ Petition No.3303 of 2008 challenging the act of the Municipal Corporation using the particular play ground for vegetable market. This Court had by order dated 2 cp142.09.sxw 7-7-2008 disposed of the petition after recording the statement of the Municipal Corporation that they will not raise any construction in regard to the vegetable market or otherwise. However, it was stated that the objections were called against the proposal for de-reservation of the said ground and to use it for vegetable marker or for other purposes after following the procedure under Section 37 of MRTP Act. This Contempt petition was filed contending that the statement made before the Court was contravened. In para 5 of the reply filed by respondent No.2 it is denied that the vegetable market is being constructed or any other construction has been taken up. However, it is stated that the Corporation only wanted to build a compound wall to protect the said reserved area and a pit was dug only to ascertain the foundation level and no other construction was undertaken. For this also unconditional apology has been tendered in para No.2. The learned Counsel for respondent No. 2 makes a statement that the said ground shall be allowed to be used as a play ground as per earlier order till the user is changed after following procedure under Section 37 of the MRTP Act. In view of the affidavit and said statement, I do not find any reason to take further action for contempt of Court. 3 cp142.09.sxw 3. Therefore, the petition stands dismissed. (J.H.BHATIA, J.)