Bombay High Court
VILAS MARUTI PAWAR AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition was dismissed because no contempt was apparent on the face of the petition.
Summary
The petitioners filed a contempt petition seeking action against Respondent No. 4 for alleged non‑compliance with an order dated 23‑Nov‑2021 concerning removal of an encroachment. The Court examined the order and found no specific direction issued to Respondent No. 4 nor any undertaking by that respondent to remove the encroachment. Consequently, the Court held that no contempt was apparent on the face of the petition. The petition was therefore dismissed as there was no basis for contempt proceedings. The judges ordered the petition to stand disposed.
Issues considered
- What constitutes contempt of court under the Contempt of Courts Act in the absence of a specific direction or undertaking by the alleged contemnor?
Legislation cited
Subjects
- contempt of court
- contempt petition
- jurisdiction
- encroachment
- dismissal
Judgment
2026:BHC-AUG:38972-DB
923 CONTEMPT PETITION NO. 409 OF 2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
923 CONTEMPT PETITION NO. 409 OF 2022
IN WP/4872/2018
Vilas Maruti Pawar And Others
... Petitioners
VERSUS
The State Of Maharashtra And Others
... Respondents
__________________________________________________________
Adv. D. A. Bide for the Petitioners
Mr. A. S. Shinde, Addl.GP for State
__________________________________________________________
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : AUGUST 20, 2026
PER COURT :
1) Heard.
2) Although the petitioners are seeking action
under the Contempt of Courts Act against Respondent
No. 4, on going through the order dated 23.11.2021, we are
unable to find any direction issued by this Court to
Respondent No. 4 or any undertaking given by Respondent
No. 4 for removal of the encroachment.
3) As such, in our opinion, the contempt is not
apparent on the face of it. The Contempt Petition, therefore,
stands disposed of.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
Komal Kamble Page|1 of 1
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