Azhar Ibrahim Pathan v. Chandrkant Gudewar, Commissioner And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION TALLE SHUBHAM ASHOKRAO CONTEMPT PETITION NO. 278 OF 2015 TALLE SHUBHAM ASHOKRAO Date: 2025.10.07 15:03:27 +0530 Azhar Ibrahim Pathan ... Petitioner

Versus

Chandrkant Gudewar, Commissioner And Ors ... Respondents ------ Mr. Yuvraj A. Tajane i/by A. B. Tajane for the Petitioner. Mr. A. A. Naik AGP for the Respondent-State.

------ Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ.

Date : October 6, 2025.

P. C. :

1.

We have heard learned Counsel for the Petitioner and he requests for an adjournment.

2.

We have perused the order dated 28th October, 2013, passed by this Court (Principal Seat at Bombay) in Civil Writ Petition No. 7745 of 2013. This Court had directed Respondent Nos. 1 to 4 to take action as per law on the complaint/letter of Petitioner dated 23rd June 2011, 6th August 2012, 30th May 2012, 4th June 2012, 15th June 2012, 2nd July, 2012, 6th 1 of

August, 2012, 10th July, 2012, and 3rd September, 2012 as expeditiously as possible within some time bound program.

3.

We have perused additional affidavit on behalf of Petitioner dated 6th June, 2019. In the Additional affidavit the Petitioner has stated that encroachment is still there on the road in question which is subject matter of present Contempt Petition. It is further stated that the Corporation had come for inspection of the encroachment after the above complaints of the Petitioner. The Petitioner was informed that the construction put up by the mother of the Petitioner will also be required to be demolished. According to the Petitioner, this was in a way a threat given to the Petitioner to prevent him from taking legal action as a social activist. As per the order passed by this Court, the Corporation has to take action in accordance with law on the complaints which are subject matter of the Writ Petition.

4.

Respondent No. 1 has filed an affidavit on 12th February, 2020 duly affirmed by Chandrashekhar Gudewar, Commissioner, Solapur Municipal Corporation, Solapur, stating that in terms of the order dated 28th October, 2013, the Respondent-Solapur Municipal Corporation has already strictly taken action for removal of encroachment on 23rd January, 2014 that too within the time frame directed by this Court. 5.

We find substantial compliance of this order. If the Petitioner has 2 of

any other grievance, it is open for the Petitioner to file appropriate proceedings challenging the action or inaction on part of the Respondent. 6.

We do not see any reason to keep the Contempt Petition pending as we are satisfied that there is substantial compliance. Therefore, Contempt Petition stands disposed of.

[ Sharmila U. Deshmukh, J. ] [ M. S. Karnik, J. ] 3 of