Bombay High Court

JOTIBA SADASHIV SALUNKEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The contempt petition was disposed of as there was nothing left to pursue.

Summary

The petitioners filed a contempt petition alleging non-payment of rent and interest. Respondent No.3 filed an affidavit stating that the disputed amount had been deposited with the Deputy Collector (Land Acquisition) on 09/12/2013. The court presumed that the petitioners had withdrawn the amount thereafter. Since the amount was deposited and presumably withdrawn, the court found that no issue remained for adjudication. Consequently, the contempt petition was dismissed as there was nothing left to pursue.

Issues considered

Whether the contempt petition can continue when the disputed rent and interest have been deposited and presumably withdrawn by the petitioners

Subjects

contempt
civil procedure
land acquisition
rent
interest
withdrawal
petition disposed

Judgment

2026:BHC-AUG:40118

                                                                          909 cp 426-13 .




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                                 909 CONT. PETITION NO. 426 OF 2013
                                          IN WP/5938/2011

                             JOTIBA SADASHIV SALUNKE
                                        VERSUS
                     THE STATE OF MAHARASHTRA AND OTHERS
                                          …
          Ms. Uma S. Bhosale, AGP for Respondent-State
                                          ….

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

                                        Date      :   01/09/2026

          PER COURT :
          1.   None for the petitioner.
          2.   The report of the Resource Personnel of this Court indicates that
          respondent No. 3 has filed an affidavit-in-reply. In paragraph 4 thereof,
          it is stated that the amount calculated towards rent and interest was
          deposited with the office of the Deputy Collector (Land Acquisition),
          Manjara Project, Osmanabad, on 09/12/2013.
          3.   As such, it is presumed that, by now, the petitioners must have
          withdrawn the said amount.
          4.   In view of the same, nothing survives in the present contempt
          petition and the same stands disposed of.




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




                     VS Maind/                                        Page|1

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