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Bombay High CourtCP/931/2018disposed offdismissed for default

Syed Mumtaz Syed Gafoor v. Santosh C. Tadvi, The Ceo, Maharashtra State Board Of Waqfs, Panchakki, Aurangabad

2018-12-17Hon'Ble Shri Justice Nitin Jamdar2 pages

Madkar 1 C.P. 931/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD

11. CONTEMPT PETITION No. 931 of 2018 Syed Mumtaz Syed Gafoor ... Petitioner

Versus

Sandesh C. Tadvi ... Respondent Mr. R.C. Bora, Advocate, holding for Mr. A.H.M. Vakil, Advocate for petitioner Mr. Y.B. Pathan, Advocate for respondent.

Coram : N.M. Jamdar, J.

Date : 17 December 2018.

ORAL ORDER :

1.

The petitioner has moved this Contempt Petition seeking to take action against the respondent for disobedience of the order dated 24 October 2018 passed in Civil Revision Application No. 169 of 2018.

2.

By the order dated 24 October 2018, the learned Single Judge of this Court has directed time bound disposal of the application filed before the Wakf Board. No other direction was issued on 24 October 2018 except deposit of costs and time bound disposal of the application. The learned Counsel of the Wakf Board has shown the original record stating that the application of the

Madkar 2 C.P. 931/2018 petitioner was decided on 12 December 2018. Photo copy of this communication is placed on record which is accepted and marked 'X' for identification.

3.

The learned Counsel for the petitioner has submitted that an application dated 25 June 2018 is undecided. Copy of the application is shown. It is asserted in the application while seeking the relief therein that the relief is asked on the basis that the petitioner is Mutawali. The respondent while rejecting the application has held that the petitioner is not Mutawali and therefore, he has no right to ask for any reliefs. The correctness of the decision is not the scope of this contempt petition as the petitioner has remedy open to challenge the order as per the law.

4.

There is no reason to proceed further under the contempt jurisdiction of this Court. If the petitioner has any grievance against the order passed on 12 December 2018 and if the petitioner is entitled to take recourse of any legal remedy, it is always open for the petitioner to do so.

5.

The contempt petition is accordingly disposed of. N.M. Jamdar, J.