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Bombay High Court

SUNANDA RAMESH KHARAIT KULKARNIversusMR. BALASAHEB MHASKE

Decided
Disposal
Disposed Off

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


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 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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