1 c.a.11499.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICTION NO.11499 OF 2011 IN CONTEMPT PETITION NO. 377 OF 2011 IN WRIT PETITION NO. 3449 OF 2010 1. Shri Sadanand Koche, Age: 59 Years, Occup. Service, as District Collector Beed and others. ...APPLICANTS VERSUS 1. Syed Taimur Syed Nabi Age : 55 Years, Occup. Agril., R/o Karegaon, Taluka Patroda District Beed and another. ...RESPONDENTS WITH CONTEMPT PETITION NO. 377 OF 2011 IN WRIT PETITION NO. 3449 OF 2010 1. Syed Taimur Syed Nabi Age : 55 Years, Occup. Agril., R/o Karegaon, Taluka Patroda District Beed ...PETITIONER VERSUS 1. The State of Maharashtra and others. ...RESPONDENTS Mr.D.R.Kale AGP for applicants/State. (Respondent in CP No. 377 of 2011) Mr.D.L.Dhas,Advocate for respondent (Petitioner in C.P.NO.377 of 2011) 2 c.a.11499.11 CORAM : S.S. SHINDE, J. DATE : 28TH SEPTEMBER, 2011 PER COURT : . This Civil Application is filed by the District Collector, Beed for dispensing with his presence on the ground that, the order of which disobedience has been alleged in this Contempt Petition has been complied with by the Executive Engineer, Minor Irrigation, (Local Sector) Division Beed i.e. Acquiring Body. 2. Learned AGP invited my attention to the Exhibit “B” along with the Civil Application. i.e. order passed by the Executive Engineer, Minor Irrigation,(Local Sector) Division Beed i.e. Acquiring Body, submitted that there is nothing survives for consideration in the Contempt Petition. He would pray that the Civil Application deserves to be allowed and Contempt Petition may be disposed of accordingly. 3 c.a.11499.11 3. Learned Counsel appearing for the petitioner submits that, the order passed by the Executive Engineer, Minor Irrigation,(Local Sector) Division Beed i.e. Acquiring Body is not correct, as other similarly situated persons have received the rental compensation along with interest. 4. I have given due consideration to the submissions advanced by the learned AGP and learned counsel appearing for the Respondent- Original petitioner. It is not in dispute that Executive Engineer, Minor Irrigation,(Local Sector) Division Beed i.e. Acquiring Body has decided the representation of the petitioner. It is true that representation/Application of the petitioner has not been decided within stipulated period and it is decided only after issuing notice in this Contempt Petition. However, the Supreme Court in the case of Suresh Chandra Poddar Vs. Dhani Ram and others, reported in (2000)1 SCC 766 held that ‘even where the order of Court is complied with, subsequent to receipt of notice of 4 c.a.11499.11 contempt, Court should show judicial grace and magnanimity in dealing with action for contempt.’ In that view of the matter, in view of the order passed by the Executive Engineer, Minor Irrigation (Local Sector) Division Beed i.e. Acquiring Body on 20.09.2011, nothing further survives for consideration in the Contempt Petition. Therefore, the Civil Application and also Contempt Petition stand disposed of. Notice stands discharged. 6. It is made clear that, if the petitioner is aggrieved by the order dated 20.09.2011, passed by the the Executive Engineer, Minor Irrigation (Local Sector) Division Beed i.e. Acquiring Body the petitioner can challenge the same before appropriate Forum as available under law. Sd/- [S.S. SHINDE, J.] MTK