1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO. 120 OF 2008 In WRIT PETITION NO. 6215 OF 2006 Gopal Ambadas Gheware ....Petitioner. Versus The State of Maharashtra & others ....Respondents. Shri. D.K. Dagadkhair, Advocate for the petitioner. Shri. S.K. Kadam, A.G.P. for the respondents 1 to 4. Shri. K.B. Jadhav h/f. Shri. R.S. Bihani for respondent No. 7. CORAM : R.K. DESHPANDE, J. DATE : 3rd November, 2009 ORAL ORDER : 1. This contempt petition complains about willful disobedience of the order dated 29th of August 2007 passed by the Division Bench of this Court in Writ Petition No. 6215 of 2006. This Court recorded statement of the learned Government Pleader in para 2 of the said order, as under :- "Shri. Khandare, learned Government Pleader, after taking instructions states that the competent authority would take appropriate care directing the respondent No. 7 to store kerosene drums at a proper place. We are satisfied with the statement made. The petition stands disposed of." 2. Shri. Dagadkhair, the learned counsel appearing for the 2 petitioner contends that the respondent no. 7 is storing kerosene drums in the public place, which is causing nuisance to the petitioner and in spite of the aforesaid undertaking given to this Court, the same has not been complied with. According to him, the respondent No. 7 continues to store the kerosene drums in a public place. 3. Notice of this contempt petition was issued on 2.9.2009, in response to which an affidavit has been filed by the District Supply Officer, Aurangabad on 18th of July 2009. In para 5 of the affidavit, it has been stated that the Tahsildar Gangapur vide his letter dated 13.7.2009 has submitted the report stating therein that the respondent No. 7 is storing the kerosene in the premises which has been shown and mentioned in the storage licence No. 88/MAG/PET/KER/No.4 issued by Commissioner of Police, Aurangabad. In para 8 of the affidavit, it has been stated that even during the year 2008 the Police Inspector, Waluj submitted report to this office, stating therein that the licence holder is keeping his kerosene drums in the premises as shown in the licence and there is no obstruction to the petitioner. The report is placed at R-2. Accordingly, it has stated that the order passed by this Court is complied with. 4. The learned counsel for the petitioner has showed photographs in support of his contention that kerosene drums are stored at a public place. In view of the rival contentions raised by the respective parties, it 3 is clear that there is disputed question of fact involved. The learned counsel has relied upon the statement of one Dilip Raosaheb Chavan. In my opinion, the statement cannot be accepted as a conclusive proof of the fact that the kerosene drums are placed at public place. At any rate, I do not find that it is the case of willful disobedience/ breach of order dated 29th of August 2007 in Writ Petition No. 6215/2006. This contempt petition is, therefore, dismissed. It is, however, made it clear that the petitioner shall be at liberty to adopt such appropriate remedies as is permissible to him in law. The Court/authority considering such grievance shall not be influenced by the prima facie observations made in this order. [ R.K. DESHPANDE, J. ] ssc/cp120.08