IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 434 OF 2007 GAJANAN DNYANOBA SANGLE ..PETITIONER V/S KRUSHI UTPANNA BAZAR SAMITI AND OTHERS. ..RESPONDENTS MR. MACHHINDRA A. PATIL, ADVOCATE, FOR THE PETITIONER. MR. A.V. CHATUPHALE, ADVOCATE, FOR RESPONDENT NO.1. MRS. G.P. MULEKAR AGP FOR RESPONDENT NOS. 2 TO 4. CORAM: J.H. BHATIA, J. CORAM: J.H. BHATIA, J. CORAM: J.H. BHATIA, J. DATE : 17TH MARCH, 2008. DATE : 17TH MARCH, 2008. DATE : 17TH MARCH, 2008. P.C. 1. Heard learned counsel for the parties. The petitioner was allowed to run Zunka Bhakar Kendra by the State Government and for that purpose he had raised a structure on the Government land in market yard with permission of the Respondent No. 1. The permission granted to the petitioner to raise Zunka Bhakar Kendra was withdrawn. Thereafter, Respondent No. 1 filed a suit for removal of that structure on it was in front of the main gate and the suit was partly decreed. Against that the Petitioner preferred Appeal which was also dismissed. Thereafter, he filed Second Appeal. He also : 2 : filed Civil Application No. 682 of 2003 seeking stay to the execution of the decree. By order dated 2nd September, 2003 the stay was granted subject to certain conditions. 2. The Petitioner filed this contempt petition contending that on 26th July, 2007 the Respondent No. 1 has demolished the structure and thus has committed contempt of this Hon’ble Court by committing breach of the said order. 3. On behalf of the Respondents, Dnyaneshwar Supekar, Naib Tahsildar has filed affidavit wherein he has explained that the State Government had taken decision in June 2000 to abolish/close Zunka Bhakar Scheme. Admittedly number of writ petitions were filed and finally in Writ Petition No. 3560 of 2000 this court passed a judgment and order dated 29-2-2001 and upheld the decision of the Government to close Zunka Bhakar Scheme. That order was challenged by some of the operators of the Zunka Bhakar Kendra in Special Leave Petition before the Supreme Court and in that Special Leave Petition the Supreme Court had granted interim relief and directed that the arrangement as stated in para 49 of the judgment of the Division Bench of this court in the Writ Petition shall continue. That order was passed on 26th July 2001. The Supreme Court has : 3 : finally dismissed the Special Leave Petition by judgment dated 22nd August 2006 and in view of that, on 6th June, 2007 the Government of Maharashtra issued direction to take possession of all the Zunka Bhakar Kendra. As per the affidavit of Naib Tahsildar Dnyaneshwar Supekar, action has been taken as per the said GR. 4. Taking into consideration the above circumstances, it appears that the suit was decreed against the petitioner. The First Appeal was also dismissed. The Second Appeal was admitted and stay was granted because of the above referred circumstances. Now, these circumstances are no more available. The Second Appeal of the Petitioner is still pending. Taking into consideration all these circumstances I find that it will not be desirable to take any action for the contempt of the court. 5. For the aforesaid reasons the contempt petition stands dismissed. (J. H. BHATIA, J) (J. H. BHATIA, J) (J. H. BHATIA, J)