Bombay High Court

SANJAY KACHRU ADHANE AND OTHERSversusUDAYKUMAR GOURISHANKAR CHOUDHARI DISTRICT COLLECTOR AURANGABAD AND OTHERS

Disposal: DISPOSED OFF

Holding

The contempt petition was dismissed as the petitioners had already pursued an alternate remedy.

Summary

The petitioners filed a contempt petition alleging that the District Collector was refusing to acquire their land for a road project. The State, through its AGP, produced an affidavit and a letter indicating no additional land was required. The petitioners, following the Court's direction, measured the land at their own expense, which showed that their land was indeed affected. They subsequently filed a separate writ petition seeking acquisition of the land and compensation. The Court observed that the petitioners had already pursued an alternate remedy for the same grievance, rendering the contempt petition moot, and therefore disposed of it.

Issues considered

Whether a contempt petition can be entertained when the aggrieved party has already initiated an alternative remedy for the same grievance.

Subjects

contempt
alternate remedy
land acquisition
compensation
writ petition

Judgment

2026:BHC-AUG:37446-DB

                                                                                         118.20CP

                                                     1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           905 CONTEMPT PETITION NO. 118 OF 2020
                                     IN WP/10696/2018

                              SANJAY KACHRU ADHANE & OTHERS
                                         VERSUS
                           UDAYKUMAR GOURISHANKAR CHOUDHARI
                         DISTRICT COLLECTOR AURANGABAD & OTHERS

                                                  ...
                          Advocate for the Petitioners : Mr.S.M.Kshirsagar
                           AGP for Respondent-State : Mrs.U.S.Bhosale
                                                  …

                                          CORAM :         SANDIPKUMAR C. MORE &
                                                          VAISHALI PATIL-JADHAV,JJ.

                                          DATE       :    18.08.2026
                 P.C. :


                 1]             The learned AGP by pointing out affidavit-in-reply

                 and letter from the respondent no.1 that they would not

                 require any additional land for construction of road. However,

                 the learned counsel for the petitioners, on instructions,

                 submits that after filing of this Petition, the petitioners, as

                 per direction of this Court, had carried out the measurement

                 at     their   own    expenses     and     the     report    of   the     said

                 measurement          clearly   indicated    that    the     lands   of     the

                 petitioner are affected by the work of respondent no.1.

                 However, he further added that the petitioners have already
                                                             118.20CP

                                 2

filed separate Writ Petition for direction to respondent no.1

for   acquiring    their   affected   lands   and     to   pay   the

compensation.



2]            Under such circumstances, it appears that the

petitioners have already initiated proceedings for getting

compensation in respect of their affected land. In view of the

same, nothing survives in this Contempt Petition since the

petitioners    have   already   chosen    alternate    remedy    as

aforesaid. As such, the Contempt Petition stands disposed of.




[VAISHALI PATIL-JADHAV]               [SANDIPKUMAR C.MORE]
        JUDGE                              JUDGE


DDC

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