Shamsoddin Nuruddin Kazi v. State Of Maharashtra

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 405 OF 2025 IN WRIT PETITION NO. 13620 OF 2022 Shamsoddin Nuruddin Kazi .....Petitioner Vs.

State of Maharashtra .....Respondent Mr. Alankar Kirpekar i/b Mr. Shantanu Chandratre for the petitioner Aloka A. Nadkarni AGP for the respondent State CORAM : GAURI GODSE, J.

DATE :

1st JULY 2025 ORDER:

1.

This contempt petition is filed by the original petitioner in Writ Petition No. 13620 of 2024 alleging that there is breach of order passed by this Court on 18th December 2023. 2.

Learned counsel for the petitioner submits that this Court directed that if an application is filed by the petitioner, same should be decided within three months from the date of receipt of the application. He submits that though application is filed on 19th March 2024, same is not yet decided. He, therefore, submits that 1/3

there is breach of order passed by this Court by respondent no. 25 who is the concerned officer supposed to decide the application. He further submits that there was no time period granted to the petitioner for filing an application. Hence, the application was filed on 19th March 2024. However, till date, the application is not decided.

3.

I have perused papers of the contempt petition. By order dated 18th December 2023, this Court directed that in case the application is filed by the petitioner before the revenue authorities, it shall be decided on its own merits as expeditiously as possible, preferably within a period of three months from the date of receipt of the application. This order is passed on 18th December 2023. The petitioner has filed an application only 19th March 2024. The copy of the application is annexed as Exhibit 'B' to the contempt petition. The averments in the petition does not reveal that there is any kind of breach by the concerned officer. This Court had directed to decide the application as expeditiously as possible on its own merits. The contempt petition is bereft of any averments regarding the stage of the application. In any event, the directions 2/3

of this Court vide order dated 18th December 2023 directing the authorities to decide the application preferably within three months in accordance with law. Hence, I do not see any reason to entertain this petition on the ground that the concerned officer has committed any deliberate breach of the order. 4.

Learned counsel for the petitioner insists that some directions should be issued to the concerned authority for deciding the application expeditiously. The petition is absolutely bereft of any submissions about the stage of the application before the authority. It is important to note that the application itself is filed after almost four months from the date of order of this Court. With the vague allegations and vague averments in the contempt petition, I do not find any substance in the grievance made by the learned counsel for the petitioner.

5.

The contempt petition is devoid of any merit. Hence, the contempt petition is dismissed.

[GAURI GODSE, J.] IRESH MASHAL IRESH MASHAL Date: 2025.07.02 19:08:30 +0530 3/3