FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO.37 OF 2009 IN WRIT PETITION NO.4340 OF 2008 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ There is prayer across the Bar to accept the rejoinder to affidavit. As per the Bombay High Court Appellate Side Rules, 1960, the pleadings are to be filed two days prior to listing of the matter. Therefore, prayer for acceptance of rejoinder is refused. 2 Heard learned Counsel for the petitioner and the learned A.G.P. for the State. This Court directed the Collector, Osmanabad by order dated 31st August, 2010 to file his affidavit and report in this Court after personally visiting the site on which encroachment is alleged by the petitioner. In due regards to the orders passed by this Court, the Collector, Osmanabad has filed affidavit along with his report. In paragraph 5 of his affidavit- in-reply, the Collector has made categorical statement that the encroachment on the Upala road is removed by the State machinery. The Collector has also referred the affidavit filed by Mr. Rajabhau Kadam, Naib Tahsildar stating therein that the encroachment has been removed on 4th June, 2010. 3 On considering the affidavits filed on behalf of the Collector and the Tahsildar, I am of the opinion that the authorities have taken appropriate steps and action to remove the encroachment as alleged in the writ petition as well as this contempt petition. 4 The learned Counsel for the petitioner makes a statement that in the light of the affidavit-in- reply filed by the Collector, Osmanabad and the report submitted by him before this Court, the contempt petition can be disposed of since there is compliance of the order. Since nothing further remains to be adjudicated in this contempt petition, the contempt petition is dismissed. Notice is discharged. (S.S. SHINDE, J.) 01.10.2010. PLK/*