SM 1 905.cp.205.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 205 OF 2010 Sinhagad Technical Education Society ....Petitioner. Versus Shri. Mahesh Zagade and others ....Respondents. ____________ Mr. V. P. Malwankar i/b Mr. Santosh G. Mhaske for the Petitioner. Mr. A. P. Kulkarni for the Respondent Nos. 1 to 3. CORAM: R. M. BORDE, J. DATED : NOVEMBER 9, 2011. P.C.: According to the Contempt Petitioner while seeking an order in Writ Petition No. 2551 of 2002, material facts were suppressed by the respondents which had adverse impact while rendering the decision in the Writ Petition. The act of concealment of material facts from the Court itself, according to the petitioner gives rise for tendering the instant Contempt Petition. On perusal of the order dated 8th February, 2008 in Writ Petition No. 2551 of 2002, it is revealed that the respondent no. 3 had brought to the notice of the Court that the construction work has already commenced and in fact, 85% work has already been completed. It is the contention of the contempt petitioner that the work had not commenced nor was completed and the information tendered to the Court was infact misstatement. The process of acquisition had not been initiated and therefore no question arises as regards commencement of construction of structure. This amounts to withholding of the material facts and misstatement of facts which gives rise to initiation of contempt proceedings. On perusal of the order passed by the Division Bench, it transpires SM 2 905.cp.205.10 that the court was not mislead by the respondent no. 3. It was pointed out that the construction work in respect of water tank had commenced and 85% work is already completed. The petitioner in the petition was seeking direction to sanction the layout plan and in view of developments pointed out to Court, the petition was not entertained. The Division Bench has refused to accept the request of the petitioner and dismissed the petition. 2. In my opinion, there is no breach of any order committed by the respondents nor this is case of willful withholding of material facts from Court with a view to secure advantage. The Contempt Petition stands dismissed. (R. M. BORDE, J.)