Bombay High Court
SUNANDA RAMESH KHARAIT KULKARNIversusMR. BALASAHEB MHASKE
- Decided
- Disposal
- Disposed Off
- Bench
- M S KARNIKS M MODAK
Holding
The Court ordered the Tahsildar to comply with the 15 March 2023 order within two weeks and disposed of the contempt petition.
Summary
The Court noted that an order dated 15 March 2023 directed Respondent No.3 (the Tahsildar, Shirur, Pune) to conduct and conclude an enquiry within six months of the petitioner's appearance before the Tahsildar on 31 March 2023. The order remained unimplemented, prompting a contempt petition. The Court sought explanations from the State's Advocate General, who submitted a communication citing reasons for non‑compliance but offered a ten‑day period to decide. After considering the petitioner's request for enforcement of clause 4(a) of the 15 March 2023 order, the Court ordered the petitioner to appear before the Tahsildar on 20 February 2026 and directed the Tahsildar to comply with the original order within two weeks, with the decision to be communicated to the petitioner. The contempt petition was subsequently disposed of.
Issues considered
- What relief is appropriate when a party fails to comply with a court‑issued order directing an administrative authority to conduct an enquiry?
- Does the failure to comply with the 15 March 2023 order amount to contempt of court?
Subjects
- contempt of court
- non‑compliance
- court order enforcement
- Tahsildar
- administrative enquiry
- civil procedure
Judgment
2026:BHC-AS:8231-DB
Bhogale 11.cp-30-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO.30 OF 2026
IN
WRIT PETITION NO.7518 OF 2019
Sunanda Ramesh Kharait (Kulkarni) … Petitioner
Versus
Mr. Balasaheb Mhaske and Ors. .… Respondents
****
Adv. Ghanasham S. Jadhav, for the Petitioner.
Smt. Pooja Patil, AGP, for the Respondent-State.
****
CORAM : M. S. KARNIK &
S. M. MODAK, JJ.
DATE : 17th FEBRUARY, 2026
P.C. :
1. Heard learned counsel for the parties.
2. The order breached is dated 15th March 2023. By this
order the Respondent No.3 was directed to conduct and conclude
the necessary enquiry as ordered by the order dated 16 th
September 2013 passed by the Additional Collector, Pune within a
period of six months from the date of appearance of the Petitioner
before the Tahsildar. The Petitioner duly appeared before the
Tahsildar on 31st March 2023. It is undisputed that till today, the
1
Bhogale 11.cp-30-2026.odt
order passed by this Court has not been complied with. We had
therefore called upon the learned AGP for the reasons why the
order passed by this Court is not complied with. We had also
indicated that if there is no satisfactory explanation, a serious view
of the matter may be taken.
3. Learned counsel for the Petitioner has been graceful in
submitting that what the Petitioner really wants is a decision in
terms of the operative portion of clause 4(a) of the order dated
15th March 2023. We appreciate the fair stand on the part of the
Petitioner. It is now expected of the Tahsildar to comply with the
order passed by this Court within the extended time which we are
granting reluctantly and in view of the concession given by the
learned counsel for the Petitioner.
4. Learned AGP has placed on record a copy of the
communication dated 17th February 2026 addressed by the
Tahsildar Shirur Pune to her in which some reasons are stated as
to why the order could not be complied with. The reasons are not
really satisfactory. Nonetheless, in the communication it is stated
that ten days period is required to take a decision and it is assured
that an appropriate decision after hearing the Petitioner would be
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Bhogale 11.cp-30-2026.odt
taken within a period of 10 days. In view of the persuasive
submissions of learned AGP, we are inclined to pass the following
order :-
ORDER
(i) The Petitioner shall appear before the Tahsildar
Shirur Pune along with a copy of this order on 20 th
February 2026 at 11:00 a.m.
(ii) Within a period of two weeks therefrom the
order dated 15th March 2023 passed by this Court and the
directions contained therein shall be duly complied with
as assured by the Tahsildar Shirur Pune.
(iii) The decision taken thereon shall be duly
communicated to the Petitioner.
5. The Contempt Petition is disposed of.
(S. M. MODAK, J.) (M. S. KARNIK, J.)
Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge
Date: 17/02/2026 19:03:18 3
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