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Bombay High Court

NITIN SAHEBRAO JADHAVversusTHE STATE OF MAH AND ANR

Disposal
DISPOSED OFF

Holding

Since the writ petition was disposed on 29.06.2012, the contempt petition could not survive and was disposed.

Summary

The petitioner, Nitin Saheb... Jadhav, filed a contempt petition (No. 351 of 2011) arising out of Writ Petition No. WP/6436/2010 against the State of Maharashtra. The petitioner argued that the original writ petition had been disposed of on 29 June 2012, and therefore there was nothing left to sustain the contempt proceedings. The Court examined whether a contempt petition can survive the disposal of the underlying writ petition. It held that once the writ petition is disposed, the basis for contempt disappears. Consequently, the Court ordered the contempt petition to be disposed. No further directions or penalties were issued.

Issues considered

  • Whether the contempt petition remains maintainable after the disposal of the underlying writ petition

Subjects

  • contempt of court
  • writ petition
  • disposal
  • jurisdiction
  • civil procedure

Judgment

                                     (1)
                                                         904 CP-351.2011.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

         904 CONTEMPT PETITION NO. 351 OF 2011
                   IN WP/6436/2010

                NITIN SAHEBRAO JADHAV
                        VERSUS
        THE STATE OF MAHARASHTRA AND ANOTHER

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            Mr. S.V. Warad, Advocate for the petitioner.
             Mr. N.B. Patil, A.G.P. for respondent-State.
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                    CORAM : SANDIPKUMAR C. MORE AND
                            VAISHALI PATIL-JADHAV, JJ.

                    DATED       : 16th September, 2026

Order (Per Vaishali Patil-Jadhav, J.) :

1.    Learned counsel for the petitioner submits that the Writ

Petition itself is disposed of on 29.06.2012 and as such

nothing survives in contempt petitions.

2.    In view of the same, nothing survives in this petition and

the same is disposed of.



(VAISHALI PATIL-JADHAV)                    (SANDIPKUMAR C. MORE)
       JUDGE                                       JUDGE




VD_Dhirde


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