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Bombay High Court

SHRI BALU VITHOBA TOPEversusSTATE OF MAHARASHTRA THR. ITS DEPARTMENT OF REVENUE AND FOREST MANTRALAYA

Decided
Disposal
Disposed Off

Holding

The petition is disposed of as the respondents have shown substantial compliance with the court's direction.

Summary

The petitioner, Balu Vithoba Tope, filed a contempt petition seeking enforcement of a direction dated 09.10.2025 in Writ Petition No.989 of 2025, which ordered the deletion of certain entries in the Revenue Record. The respondents, the State of Maharashtra and others, were required to comply within eight weeks but delayed in doing so. Counsel for the petitioner submitted that the respondents have now substantially complied with the court's direction. The bench, noting the substantial compliance despite the delay, held that the contempt petition could be disposed of. Consequently, the petition was dismissed and the respondents were directed to file a compliance affidavit within a week.

Issues considered

  • What is the appropriate remedy when a party fails to comply within the stipulated time with a court order directing deletion of entries in the Revenue Record?

Subjects

  • contempt
  • court order compliance
  • Revenue Record
  • writ petition
  • civil appellate jurisdiction

Judgment

                                                                                               5_CP367_26.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION
                                             CONTEMPT PETITION NO.367 OF 2026
                                                           IN
                                               WRIT PETITION NO.989 OF 2025
                            Balu Vithoba Tope                                      …      Petitioner
                            Vs.
                            State of Maharashtra and others                        …      Respondents

                            Mr. Jotiram R. Jadhav for Petitioner.
                            Mr. B. V. Samant, Addl. GP a/w. Ms. M. S. Bane, AGP for Respondents-State.

                                                         CORAM : MANISH PITALE &
                                                                 SHREERAM V. SHIRSAT, JJ.
                                                         DATE       : SEPTEMBER 22, 2026

                            P.C. :

                            .        Mr. Jadhav, learned counsel for the petitioner, on instructions,
                            makes a statement that the directions issued by this Court for deleting
                            entries in the Revenue Record as per order dated 09.10.2025 passed in
                            Writ Petition No.989 of 2025, have now been complied with.

                            2.       Although the said direction was supposed to be complied within a
                            period of 8 weeks from the date of the order, and there is delay in
                            carrying out the said directions, in the light of the fact that substantial
                            compliance is shown by the respondents, we are of the opinion that the
                            present petition can be disposed of.

                            3.       In view of the above, the petition is disposed of. Pending
                            applications, if any, stand disposed of.

                            4.       The Registry is directed to accept filing of compliance affidavit
MINAL
SANDIP
         Digitally signed
         by MINAL
         SANDIP PARAB
         Date: 2026.09.22
                            on behalf of the respondents within a week from today.
PARAB    18:09:57 +0530




                            (SHREERAM V. SHIRSAT, J.)                        (MANISH PITALE, J.)

                            Minal Parab                                                                  1/1


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