Bara Imam Masjid Trust Savedi Ahmednagar Through Its Trustee Shaikh Noor Mohammad Shafi v. Nitin Kareer And Others

2025:BHC-AUG:30813-DB 1 907-CP-823-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 823 OF 2018 IN WP/12955/2017 BARA IMAM MASJID TRUST, SAVEDI, AHMEDNAGAR, THROUGH ITS TRUSTEE

VERSUS

MANISHA MHAISKAR, PRINCIPAL SECRETARY AND OTHERS ...

Mr. Anandsingh S. Bayas, Advocate for the Petitioner Mr. A. V. Lavte, AGP for Respondent/State Mr. Vinayak Sudhakar Bedre, Advocate for Respondents No.2 & 3 ...

CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL JADHAV, JJ.

DATE : 06th NOVEMBER, 2025 PER COURT :

1.

By order dated 20/03/2018, the Corporation was directed to consider the contentions of petitioner as well as alleged encroachers and to proceed further in accordance with law. 2.

Pursuant to the directions Corporation has given opportunity of hearing to the petitioner and alleged encroachers and has passed order on 17/01/2019, thereby holding the constructions in Survey No.20, Gulmohar Road, Savedi, Ahmednagar as illegal and directed the encroachers to remove the encroachment within 15 days.

3.

An afÏdavit is filed by the then Commissioner on 29/10/2023 stating that all the encroachments in the property owned by the Trust (i.e. Survey No.20) are removed during the period between 07/02/2019 to 10/02/2019. Report dated SVH

2 907-CP-823-18.odt 10/04/2019 to that effect is placed on record. 4.

By filing rejoinder petitioner contends that the encroachment is still there. We are not inclined to go into these disputed questions.

5.

By accepting the statement made in the afÏdavit, we hold that the order is complied with. Contempt petition is, therefore, disposed of. The petitioner may avail appropriate remedy if he has any grievance.

(VAISHALI PATIL JADHAV, J.) (NITIN B. SURYAWANSHI, J.) SVH