LAWS(BOM)-2023-8-268

AJAY UDDHAV NARHE Vs. UTTAM PATIL

Decided On August 31, 2023
Ajay Uddhav Narhe Appellant
V/S
Uttam Patil Respondents

JUDGEMENT

(1.) These Contempt petitions, in our opinion, set out a pathetic state of affairs in regard to not only the contemnors not complying with several orders passed by this Court but also their approach of absolute disregard to an extent of considering the orders of the Court to be absolutely inconsequential. It appears that they have no respect to the rule of law as also to the esteem and majesty of this Court and to its binding orders, as the contemnors with impunity have breached several time-bound directions in the orders passed by a co-ordinate Bench of this Court.

(2.) The unfortunate saga giving rise to these Contempt Petitions has arisen from the order dtd. 2/3/2022 passed by the co-ordinate Bench of this Court (Mr. Justice R.D. Dhanuka (as His Lordship then was) and Mr. Justice S.M. Modak), which pertains to the directions interalia in regard to deletion of mutation entries of reservations of lands belonging to the petitioners, who were project affected persons and several other directions. It is most pertinent that the order was passed after hearing contemnor no. 5, who was then the Secretary of Disaster Management Relief and Rehabilitation, as clear from the observations made by the Court in paragraph 4 of the said order. To appreciate the nature of the orders and the compliances as expected from the contemnors, we need to note the Court's order dtd. 2/3/2022: "1. The matters are mentioned. Not on board. Taken on board by consent of the parties.

(3.) It can be seen from the operative paragraph of the above order, namely, paragraph 5(a) to (g) that every clause had a specific time limit in regard to the compliances and/or actions to be taken by the contemnors, as the order itself was passed after inviting suggestions from contemnor no. 5, who was present in the Court when the said order was passed.