1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Contempt Petition No. 194/2008 IN W.P. NO.818/2000 (Ramdas Daulat Karode (Patil) Manegaonkar VERSUS The Collector, Buldana & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.B. Badiye, counsel for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : FEBRUARY 9, 2009. Heard Shri Badiye, the learned counsel for the petitioner. By the instant petition, the petitioner seeks action against the respondent no.2 for willful disobedience of the order passed by the Division Bench of this Court on 02.05.2000 in Writ Petition No.818/2000. It is necessary to peruse the order passed by the Division Bench on 02.05.2000 in Writ Petition No.818/2000, which reads thus----- “Heard. Rule. Respondents would not grant any further permission to respondent No.3 or 2 any other person for setting up and running up of brick kiln in respect of the petitioner's land.” It is the case of the petitioner that in spite of the aforesaid order passed by the Division Bench on 02.05.2000, the Sub Divisional Officer, Jalgaon Jamod issued a notice to the petitioner as why the land should not stand vested in the Government in view of the violation of terms and conditions. It appears that the petitioner, in stead of answering the notice and appearing before the authority concerned, filed this contempt petition for seeking action against the respondent no.2 for gross and willful disobedience of the order passed by the Division Bench of this Court on 02.05.2000. It is clear that the cause of action in Writ Petition No.818/2000 and the cause of action arising out of the notice dated 11.08.2000 issued by the Sub Divisional Officer, Jalgaon Jamod is not one and the same. Moreover, by the order dated 02.05.2000, the 3 Division Bench of this Court had merely restrained the respondents from granting further permission to the respondent no.3 for setting up and running of brick kiln in the petitioners land. In the instant petition, it is not the case of the petitioner that the respondents have granted permission to the respondent no.3 in Writ Petition No.818/2000 for running a brick kiln. Thus, there is no breach whatsoever of the order passed by the Division Bench of this Court on 02.05.2000 and it, therefore, cannot be said that the respondents have committed contempt of the order passed by the Court on 02.05.2000. In the result, the contempt petition is dismissed with no order as to costs. JUDGE APTE