JUDGMENT

S. C. Dharmadhikari, J. - By this petition which alleges civil contempt, the petitioners pray that this Court should after holding that the respondent nos. 1 to 3 are guilty of civil contempt take further action against them in exercise of the powers conferred on this Court by Article 215 of the Constitution of India and the Contempt of Courts Act, 1971.

2. The allegation is that the said respondents have willfully disobeyed the order, writ, direction of this Court dated 24th March 2005 in Writ Petition No. 10341 of 2004.

3. For appreciating the rival contentions and particularly that of the petitioners, we must refer to some background facts.

4. The order passed on 24th March 2005, copy of which is at page 22 of the petition, is the order of which contempt is alleged. That order reads as under :

"1 We have heard the learned counsel for the parties.

2 In the facts and circumstances of this case, we deem it appropriate to direct the Collector, Raigad to treat this Writ Petition as a comprehensive representation of the petitioners, and decide the same, in accordance with law,within four weeks from the date of receipt of a copy of this order, after affording hearing to the petitioners. To avoid any further delay in the matter, we direct the petitioners and other affected parties, viz. respondent nos. 1 to 11, 14 and 15, to appear before the Collector, Raigad, on 4. 4. 2005 at 11 a. m. The Collector shall decide the matter, except the land which is covered by Civil Suit No. 57 of 2002 pending before the Civil Judge, Junior Division, Mangaon. We direct the parties to maintain status quo as on today till the order is passed by the Collector, Raigad.

3 No further directions are necessary. This Writ Petition is, accordingly disposed of. "

5. That order was passed in the Writ Petition which had a chequered history. The earlier petition was filed in this Court way back in 1998. The petitioners in Writ Petition No. 10341 of 2004 impleaded the petitioners before us as respondents to that petition. There were, in all, 15 private parties as respondents to the petition. The respondent no. 16 was the Tahsildar, Mangaon, District Raigad, respondent no. 17 was the SubDivisional officer, District Raigad, respondent no. 18 was the Collector District Raigad and respondent no. 19 was the State.

6. Pertinently, only the original private respondents to above writ petition are alleging that there is civil contempt.

7. The petitioners in that petition claim that they are residing in village Potner, Gangewadi, Post Talashet, Taluka Mangaon, District Raigad. The petition was filed in public interest and in representative capacity on behalf of all the villagers of the subject village.

8. The subject matter of that petition was land admeasuring 51 Ares out of Gat No. 369, Hissa No. 69, Village Potner, Gangewadi, Talashet, Taluka Mangaon, District Raigad. In paragraph no. 3 of this petition, it is stated that the land is open and mainly used by the villagers for performing some functions on the occasion of Holi, for storing fish and as a playground. The petitioners in that petition relied upon a report prepared by the Talathi Circle Inspector in 1927. Thereafter, they make a reference to the area of the land and allege that the respondent nos. 1 to 15 to that petition and some others, which included the present petitioners, made construction on this land. These structures have been constructed without obtaining any permission from the competent authorities. Though these structures were existing at site and complaints were made to the statutory Authorities, no steps have been taken for removal of these unauthorized and illegal structures. The specific allegation is that an open land belonging to the village and used by the villagers is in peril of being taken away permanently. Upon such allegations and after hearing all parties, this Court made the above order.

9. Pertinently, in that petition, the petitioners relied upon some documents and some of w