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Bombay High Court

SHRI MOINUDDIN MASHAYAK ANSARI SINCE DECEASED THROUGH HIS LEGAL HEIR FEROZE MOINUDDIN ANSARIversusTHE COMMISSIONER OF POLICE SOLAPUR CITY SOLAPUR

Holding

The Court held that the respondent’s undertaking to decide the appeal within four weeks suffices and no aggravated contempt exists, leading to disposal of the petition.

Summary

The petition was filed by the legal heir of the deceased Shri Moinuddin Mashayak Ansari against the Commissioner of Police, Solapur, alleging contempt for failure to decide an appeal within a stipulated period. The respondent’s Additional Government Pleader undertook that the competent authority would decide the appeal within four weeks, and the Court accepted this undertaking. The Court directed that a notice of hearing be issued to the petitioner and, after hearing, the appeal be decided, expressing that no aggravated contempt was foreseen. Consequently, the contempt petition was disposed of on the basis of the undertaking. All pending applications were also dismissed.

Issues considered

  • Whether the failure to decide the appeal within four weeks amounts to contempt of court.
  • Whether the petition should be entertained or disposed of in view of the respondent’s undertaking.

Subjects

  • contempt of court
  • procedural compliance
  • appeal timeline
  • undertaking
  • petition disposal

Judgment

2026:BHC-KOL:9788-DB

                                                                           23-CP-138-2025.doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIRCUIT BENCH AT KOLHAPUR
                                        CIVIL APPELLATE JURISDICTION
                                  CONTEMPT PETITION NO. 138 OF 2025
               Shri Moinuddin Mashayak Ansari Since Deceased               ...Petitioner
               Through His Legal Heir Feroze Moinuddin Ansari
                         Versus
               The Commissioner Of Police Solapur City Solapur And ...Respondents
               Ors.
                                              ——————
               Mr. Ashok Tajane, for the Petitioner.
               Ms. Tejas Kapre, AGP for the Respondent-State.
                                              ——————
                                               CORAM : SHARMILA U. DESHMUKH &
                                                         NEERAJ P. DHOTE, JJ.
                                                 DATE       :   OCTOBER 08, 2026.
               P. C. :

               1.        Learned AGP, on instructions, submits that the competent

               authority shall decide the Appeal preferred by the Petitioner within a

               period of four weeks. The said statement is accepted as an undertaking

               given to this Court.

               2.        The notice of hearing to be given to the Petitioner and after

               giving an opportunity of hearing, the Appeal to be decided. It is

               expected that there would be no aggravated contempt.

               3.        The Petition stands disposed of in view of the statement.

               4.        Applications, if any, do not survive for consideration and stand

               disposed of.



                [NEERAJ P. DHOTE, J.]                       [SHARMILA U. DESHMUKH, J.]


               Arya Chavan                         1 of 1


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