LAWS(KAR)-2021-9-159

MACHENDRA Vs. MAHINDRA JAIN

Decided On September 15, 2021
Machendra Appellant
V/S
Mahindra Jain Respondents

JUDGEMENT

(1.) The present complainant had instituted a writ petition in W.P.No.226727/2020 (LA-RES) before this Court alleging that a portion of his land has been taken over and used by the respondent-authorities for the purpose of construction of hostel building, however, without following due process of law. In that connection, he had submitted a representation to the respondent No.4-authority. However, the said respondent has not considered his representation. The Single Bench of this Court in its order dated 25.11.2020 passed in the said writ petition, while disposing of the writ petition had given a direction to the respondents to consider and pass appropriate orders on the representation said to have been given by the petitioner within two months from the date of receipt of certified copy of the said order. Alleging that despite passing of several months, the concerned respondent has not considered the representation, the petitioner as a complainant has preferred this contempt of court petition.

(2.) The respondent Nos.1 to 4 and 6 are being represented by their respective counsel.

(3.) The respondent Nos.1 to 4 have filed their counter affidavit along with a memo stating that the representation submitted by the complainant has been considered by the authorities and after noticing that the land used for construction of hostel building does not pertain to the survey number and ownership as alleged by the complainant but belongs to one Sri Devidas S/o Bhimrao Biradar and he has gifted the said land for construction of hostel building. The respondents have issued an endorsement to that effect as per Annexure-R2. With this, they submitted that the direction given by this Court in W.P.No.226727/2020 has been complied with.