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Bombay High Court

SHAIKH HAMID DAGADU AND ORSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Tahsildar did not commit contempt because his order expressly stayed the proceedings in accordance with the Court’s status‑quo order.

Summary

The petitioners, Shaikh Hamid Dagadu and others, filed a contempt petition alleging that the Tahsildar violated a status‑quo order issued in their writ petition by issuing a notice for hearing. The State, through the Additional Government Pleader, produced the Tahsildar's order dated 21‑01‑2014, which stated that the Tahsildar had stayed the proceedings in compliance with the Court’s stay. The Court examined whether the Tahsildar’s action constituted contempt of the earlier status‑quo order. Finding that the Tahsildar had expressly stayed the proceedings, the Court concluded that no contempt had occurred. Consequently, the contempt petition was disposed of.

Issues considered

  • What is the appropriate test to determine whether the Tahsildar's issuance of a notice amounts to contempt of the status‑quo order passed in the writ petition?

Subjects

  • contempt
  • status quo
  • Tahsildar
  • stay order
  • writ petition
  • high court

Judgment

2026:BHC-AUG:43088

                                                                                   15.2014CP

                                                     1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                               13 CONTEMPT PETITION NO. 15 OF 2014
                                             IN WP/9242/2011
                                     Shaikh Hamid Dagadu And Ors
                                                  VERSUS
                                  The State Of Maharashtra And Others
                                                     ...
                 Adv. Priyadarshini Patil h/f Mr. Salunke V.D., Advocate for the Petitioner
                 Mr. A.S. Shinde, AGP for Respondent/State
                                               ...
                                         CORAM : VAISHALI PATIL-JADHAV,J.

                                         DATE        :   21.09.2026
                 P.C. :


                 1.           By way of this contempt petition, the petitioner
                 has alleged the contempt against the Tahsildar that inspite of
                 status-quo order passed in Writ Petition, the Tahsildar had
                 issued the notice for hearing.
                 2.           Learned A.G.P. has placed on record the order
                 dated 21.01.2014 passed by the Tahsildar, wherein it is
                 stated that as this Court had granted stay to the proceedings
                 till disposal of the Writ Petition and in view of the same he
                 has also stayed the proceedings pending before him. The said
                 order is taken on record and marked "X" for identification.
                 3.           In view of the said order passed by the Tahsildar,
                 there is no contempt as such of the order passed in Writ
                 Petition. Hence, the contempt petition stands disposed of.



                                                     [VAISHALI PATIL-JADHAV]
                                                              JUDGE
                 sga


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