AI Structured Summary
Not yet generated for this judgment
Judgment
N.K. Patil, J.—These contempt petitions are filed by the complainants, praying to initiate contempt proceedings against the accused for disobeying the order dated 1st March, 2013, passed by the learned Single Judge in Writ Petition Nos. 37580 to 37582 of 2012 (LR). Heard the learned Counsel appearing for complainants and learned Counsel appearing for accused 1 to 3.
During the course of submission, learned Counsel appearing for accused has filed the additional counter-affidavit of the accused 1 and 2, both dated 5th July, 2013, tendering unconditional apology. The same is taken on record.
This matter was posted for framing of charges. When the case was taken up for consideration on 2-7-2013, after hearing both sides for considerable length of time, having regard to the peculiar facts and circumstances of the case, learned Counsel appearing for accused sought time to apprise the matter to the accused and file an undertaking affidavit, tendering unconditional apology. Therefore, the matter was adjourned to today.
Today, when the matter came up for consideration, we have heard the learned Counsel appearing for both parties.
The statements made at paragraph 2 of the counter-affidavit filed by the accused 2 dated 5th July, 2013, read thus:
I submit that, I would tender an unconditional apology for violation of order dated 1-3-2013 in W.P. Nos. 37580 to 37582 of 2012, and also I will undertake that I would not utilise the Borewell till the disposal of the W.P. Nos. 37580 to 37582 of 2012, pending consideration before this Hon''ble Court.
In the light of the statements made in the earlier counter-affidavit filed by accused 1 to 3, all dated 24th June, 2013, and in the light of the statements made in the counter-affidavit filed by accused 2, dated 5th July, 2013, that he will not utilise the borewell till the disposal of the Writ Petition Nos. 37580 to 37582 of 2012 before the learned Single Judge, learned Counsel appearing for accused submitted that the contempt petition filed by complainants may be dropped. In the light of the statements made in the counter-affidavit filed by accused 1 to 3, all dated 24th June, 2013 and in the light of the statements made in the counter-affidavit filed by the accused 1 and 2, both dated 5th July, 2013, the contempt petitions filed by complainants stand dropped, placing the undertaking on record, subject to the condition that the accused shall pay costs of Rs. 500/- (Rupees Five Hundred Only) to the complainants, within one week from today.