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Bombay High Court

ASHOK WAMANRAO PATILversusTHE STATE OF MAH AND ORS

Disposal
DISPOSED OFF

Holding

The contempt petition is infructuous and therefore disposed of because the underlying writ petition was dismissed in default and the petitioner failed to take any steps thereafter.

Summary

The petitioner, Ashok Wamanrao Patil, filed a contempt petition (No. 359 of 2012) arising from a writ petition (WP/4996/2006) that had been dismissed in default by the Bombay High Court on 18 August 2017. After the dismissal, the petitioner took no steps to circulate the matter or pursue any further action. The Court noted that the lack of any activity by the petitioner since 2013 rendered the contempt petition ineffective. Relying on the fact that the underlying writ petition no longer existed, the Court held that the contempt petition had become infructuous. Consequently, the Court ordered the contempt petition to be disposed of. No further orders or directions were made.

Issues considered

  • Whether a contempt petition is maintainable when the underlying writ petition has been dismissed in default and the petitioner has taken no further steps.

Subjects

  • contempt
  • writ petition
  • default dismissal
  • infructuous petition
  • High Court
  • procedural default

Judgment

2026:BHC-AUG:42136-DB


                                              1                909 CONTEMPT PETITION NO. 359 OF 2012



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                           909 CONTEMPT PETITION NO. 359 OF 2012
                                     IN WP/4996/2006

                               ASHOK WAMANRAO PATIL
                                        VERSUS
                            THE STATE OF MAH AND ORS
                                           ...
            Adv.M. N. Ghanekar, AGP for Respondents-State
                                           ...

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

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

            .          None for the petitioner.



            2.         The petitioner has not taken any steps to circulate the matter

            after 2013 and the report of the Resource Personnel shows that the

            main Writ Petition itself is dismissed in default by this Court vide

            order dated 18.08.2017.



            3.         In view of the same, the contempt petition has become

            infructuous and the same stands disposed of.




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

            shivani/


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