17.CP.114-08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.114 OF 2008 Shri Pundalik Mahadeo Waingade and 2 others. ..Petitioners. Versus Shri Subhash Bhandu Kagale and 7 others. ..Respondents. .... Mr.N.J. Patil, Advocate for the Petitioners. Mr.T.S. Ingale, Advocate for Respondent Nos.1 & 2. Mr.S.R. Nargolkar, Advocate for Respondent No.6. Mr.Umesh Mankapure, Advocate a/w. Anjali, Advocate for Respondent Nos.7 & 8. Mr.A.I. Patel, A.G.P., for respondent No.5 - State. .... CORAM : A.R. JOSHI,J. DATED : 1ST OCTOBER, 2009 P.C.:- 1. Rule. Rule made returnable forthwith. Heard rival submissions for long. 2. Present Contempt Petition has been preferred by the three petitioners for alleged violation of the order of injunction passed by Civil Judge, Senior Division at Kolhapur below Exh. 5 in Regular Civil Suit No.48 of 2002. The said order of 17.CP.114-08 2 injunction was upheld before the District Court and same was challenged before this Court by original respondent Nos.1 & 2 i.e. the office bearers of the local Grampanchayat, Hupari, Taluka – Hatkangale, District -Kolhapur. Infact by order dated 17th November, 2003 this Court upheld the said injunction order. Result of all such orders was to the effect that temporary injunction was allowed and the defendants in the original Suit i.e. State of Maharashtra through Collector, Kolhapur, Sub-Divisional Officer, Ichalkaranji, Tahsildar, Hatkangale, District – Kolhapur and Gramsevak of Hupari Grampanchayat were directed to restrain the villagers from utilizing the suit land i.e. C.T.S. No.2784 for the purpose of cremation of dead body. 3. What is alleged in the present Contempt Petition is violation of such order of injunction which was confirmed till the High Court level. 4. Peculiarity of this Contempt Petition lies in the fact that original plaintiffs in Regular Civil Suit No.48 of 2002 did not prefer any such Petition of contempt for alleged violation of 17.CP.114-08 3 the injunction order. However, according to the three petitioners who are also the residents of same village Hupari, Taluka – Hatkangale, District – Kolhapur, the said original plaintiffs have joined hands with the local politicians and also the contemnors and as such they are not agitating the said issue of alleged violation of the injunction order. Admittedly the said Civil Suit is still pending before the Civil Judge, Senior Division at Kolhapur. As an alert citizens three petitioners who were not parties to the Suit have approached this Court in order to assist the Court to maintain its dignity. It appears that it is desire of the petitioners that majesty of the Court should be maintained and that there cannot be any occasion of alleged disobedience of the order of this Court to go unnoticed and unpunished. Still appreciating such sentiments and desire of the petitioners, in the opinion of this Court, it is to be ascertained by this Court whether the alleged acts, as alleged against the respondents - contemnors, amount to lowering the status of this Court in any manner and whether there is willful disobedience of the order of this 17.CP.114-08 4 Court. Needless to mention that whenever any action is to be initiated under the Contempt of Courts Act, the Court must be vigilant and more cautious and only in just and proper cases, in order to maintain majesty of administration of law and justice and when there are no other efficacious remedies available for the alleged aggrieved parties, to entertain the Contempt Petition and to punish the contemnor appropriately. In doing so, this Court has gone through the documents annexed to the present Contempt Petition inasmuch as the correspondence between the Hupari Grampanchayat and Collector office concerning the allotment of the land for the purpose of cremation ground. The said correspondence is of the year, 2008. At this juncture, it must be mentioned that the injunction order passed by the trial Court and upheld till the level of this Court was of the year 2002 and order of this Court confirming such injunction was of March, 2003. 5. This Court has also perused the affidavits-in-reply filed by the contemnors - respondent Nos.1 & 2 & 3 to 5. The contemnor Nos.1 & 2 are the office-bearers of the local Grampanchayat 17.CP.114-08 5 and respondent Nos.3 to 5 are the State Government, Collector and Officials from Zilla Parishad. It is categorically mentioned in these affidavits that if at all any contempt, as alleged, is committed by them they have tendered unconditional apology. Otherwise also, it is submitted that the actions taken by the said contemnors did not amount to any contempt of this Court so far as attraction of the penal provisions of the Contempt of Courts Act. It is further apparent that whatever actions taken by respondent Nos.3 to 5 regarding starting the cremation work and cremation ground was done on the C.T.S. No.2785 whereas admittedly the suit land is having C.T.S. No.2784. In view of this, still considering that there was some correspondence between the local Grampanchayat and the Collector Office even for the C.T.S. No.2784 still there is nothing cognate before this Court as to any violation of the injunction order so far as C.T.S. No. 2784 is concerned. 6. Again needless to mention that action under the Contempt of Courts Act is to be initiated on cognate material brought 17.CP.114-08 6 before the Court as to the alleged disobedience and violation of the order of the Court and that also as to lower the dignity and majesty of the Court. Such action cannot be started on some conjectures, surmises and apprehensions. In the present matter in hand, considering the specific circumstances and considering the order of this Court upholding the injunction earlier granted by Civil Judge, Senior Division at Kolhapur and considering the affidavits filed by the contemnors - respondent Nos.1 to 6, in the considered opinion of this Court, it is not a fit case in which recourse to the provisions of the Contempt of Courts Act is required to be taken. In that event, the present Contempt Petition is disposed of with following order :- :: O R D E R :: [i] Contempt Petition No.114 of 2008 is dismissed. Contempt notice issued against the contemnor Nos.1 to 6 is discharged. (A.R.JOSHI,J)