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Bombay High Court

Hazrat Peer Mamu Bhanje Dargah Trust, Through its Secretary, Noor Mohammed Mujavarversus1The State of Maharashtra

Decided
Disposal
Disposed Off

Holding

The Court disposed of the contempt petition, finding no merit to sustain it.

Summary

The High Court of Bombay heard Contempt Petition No. 401 of 2026, which arose out of Writ Petition No. 9236 of 2026 filed by Hazrat Peer Mamu Bhanje Dargah Trust against the State of Maharashtra and others. The Court had earlier appointed a Commission to investigate the matters raised in the writ petition, and the Commission submitted its report on 26 August 2026. The Court held that the Commission's report forms part of the record and that the parties' rights and contentions with respect to the findings remain open for consideration in the writ petition. After considering the affidavits-in-reply and the Commission’s report, the Court disposed of the contempt petition. The writ petition was scheduled for final hearing on 21 September 2026, and the interim relief previously granted continues to operate in light of the Commission’s findings.

Issues considered

  • Whether the conduct complained of amounts to contempt of the Court.
  • Whether the interim relief granted in the writ petition remains in force pending the final disposal of the writ.

Subjects

  • contempt of court
  • commission report
  • interim relief
  • writ petition
  • high court

Judgment

                                                                                 906 CP 401-26.DOC

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                  CONTEMPT PETITION NO. 401 OF 2026
                                                  IN
                                    WRIT PETITION NO. 9236 OF 2026

                   Hazrat Peer Mamu Bhanje Dargah Trust                           ..Petitioner

                           Versus

                   The State of Maharashtra & ors.                           …Respondents


                   Mr. Shanay Shah a/w Mr. Naved Chawdhary, for the Petitioner.

                   Dr. Dhruti Kapadia, AGP for Respondent No.1 – State.

                   Mr. Kaushik Mhatre, Special Counsel, a/w Mr. Sanket
                        Dhawan, for Respondent Nos. 2 to 4.

                   Mrs. Anita Patil & Mr. Pradip Patil, Respondent No.3 & 4
                        present.

                                               CORAM :           N. J. JAMADAR, J.
                                               DATE        :     03rd September 2026
SAINATH
SANJAY
BODKHE
Digitally signed
by SAINATH
                   P.C.:
SANJAY BODKHE
Date: 2026.09.05
13:10:49 +0530




                   1.      Heard the learned Counsel for the parties.

                   2.      In view of the report submitted by the Commission

                   appointed by this Court, the position at site as it stands on the

                   date     of   the   Commission   i.e.       26 th   August,   2026    stands

                   ascertained.

                   3.      The Commission’s report shall form part and parcel of the

                   record in WP/9236/2026. The rights and contentions of the


                   SAINATH, PA                             1/2
                                                   906 CP 401-26.DOC

parties with regard to the position that obtains, as reported by

the Commission, are kept open for consideration in the writ

petition.

4.      In view of the affidavits-in-reply and the report of the

Court Commission, the CP/401/2026 stands disposed.

5.      WP/9236/2026 be listed for hearing and final disposal on

21st September, 2026.

6.      Ad-interim relief granted by this Court in WP/9236/2026

shall continue to operate even in regard to the position as

recorded in the report of the Court Commission.




                                        [N. J. JAMADAR, J.]




SAINATH, PA                       2/2


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