(CP 465 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 465 OF 2010 Arun Uttarkar and Anr. ...Petitioners Vs. S.V.R. Chandrashekhar ...Respondent ----- Ms.Rajalakshmy Mahandas i/b. ALMT Legal ----- CORAM: V.M. KANADE J. DATED: 9th February, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the Petitioners and the Respondent. 2. The Petitioners are alleging that the Respondent has committed contempt of order dated 17th September, 1997. By the said order, the Cantonment Board was directed to give an opportunity to Petitioner of being heard and thereafter proceed to pass a reasoned order in respect of the sanctioned plan of 24th June, 1996. According to the Petitioner, the Cantonment Board, by order dated 18th August, 2010 has passed an order under section 297 of the Cantonment Act, 2006, asking the Petitioner to remove the fabricated frame structure. It is (CP 465 of 2010) submitted that this order has been passed without giving any opportunity of being heard as directed by the Division Bench of this Court. 3. In my view, this petition is clearly barred by limitation in view of the provisions of section 20 of the Contempt of Courts Act. The Division Bench, by order dated 17th September, 1997 had clarified that the Cantonment Board should give an opportunity to the Petitioner of being heard in respect of sanctioned plan of 24th June, 1996. The order dated 18th August, 2010 appears to have been passed under section 297 of the Cantonment Act, 2006. No reference has been made of revocation of sanctioned plan of 24.6.1996. Firstly, therefore, the petition is not filed within one year from the date of the order or within reasonable time after the said order was passed; and secondly, the impugned order dated 18th August, 2010 does not make any reference of revocation of sanctioned plan dated 24.6.1996. The Petitioner is at liberty to challenge the order dated 18th August, 2010 by taking out appropriate proceedings. Hence, Contempt Petition is dismissed and disposed of. (V.M. KANADE J.)