AREEF GAPHUR MANIYAR Vs. EKNATH SAMBHAJI SHINDE

JUDGEMENT

(1.) This Contempt Petition alleges breach and willful disobedience of implementation of Order dated 3 rd October, 2023 passed by this Court. The Petitioner asserts that, the Respondent No.3's Appeal against the Order dtd. 4/8/2023 passed by District Collector, Raigad, was directed to be heard and finally disposed off at the earliest possible and preferably within 16 weeks from date of passing of the Order, but the same was not adhered to.

(2.) Mr. Gavnekar learned Advocate for the Petitioner contends that, despite the expiry of 16 weeks period on 23 rd January, 2024 the Respondents failed to comply the said Order. He emphasizes that, even after a legal Notice was issued on 13/2/2024 the Respondent neglected to act amounting to willful disobedience of the said Order, under Sec. 2(b) of The Contempt of Courts Act, 1971.

(3.) Dr. Birendra Saraf, learned Advocate General appearing for State submits that, while there was a delay, it was neither intentional nor willful. The Contempt Petition was served on 19 th August, 2024 and was noticed by the concerned Authority on 3/9/2024. Since, the concerned Officer, who was initially assigned the matter could not dispose it due to unforeseen circumstances; it had to be therefore delegated to another Officer who ultimately heard and disposed off the Appeal on 8 th October, 2024.