Bombay High Court

HAJI MOHAMMED HUSSAIN SHIRAZI MOSQUE CHARITY TURST AND ANRversusMAH STATE BOARD OF WAKFS THROUGH ITS EX OFFICER AND ORS

Disposal: DISPOSED OFF

Holding

The contempt petition was disposed as there was no surviving operative order after the main writ petition was disposed.

Summary

The petitioners, Haji Mohammed Hussain Shirazi Mosque Charity Trust and others, filed a contempt petition alleging contempt of an interim order passed in their writ petition. The writ petition itself was disposed on 7 September 2012. The court examined whether any aspect of the contempt petition survived after the disposal of the main writ petition. It held that with the main writ petition disposed, there was no longer any operative order to be disobeyed, and consequently the contempt petition could not continue. The court therefore disposed of the contempt petition.

Issues considered

Whether a contempt petition can survive and be entertained after the disposal of the main writ petition from which the alleged contempt order arose

Subjects

contempt of court
interim order
writ petition disposal
jurisdiction
procedural law

Judgment

2026:BHC-AUG:43384

1 908 CONTEMPT PETITION NO. 354 OF 2009

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
908 CONTEMPT PETITION NO. 354 OF 2009
IN WP/1852/2009

HAJI MOHAMMED HUSSAIN SHIRAZI MOSQUE CHARITY TURST
AND ANR
VERSUS
MAH STATE BOARD OF WAKFS THROUGH ITS EX OFFICER AND
ORS
...
None for the petitioners.
Adv. Rajdeep D. Raut, AGP for Respondents-State
...

CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.

DATED : 22/09/2026
Order (Per Vaishali Patil-Jadhav, J. )

. None for the petitioners.

2. The order of which the contempt is alleged was the interim

order passed in the writ petition. Subsequently, writ petition itself

is disposed of by order dated 07.09.2012.

3. In view of the disposal of the main writ petition, nothing

survives in the contempt petition and the same stands disposed of.

( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

shivani/

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