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Bombay High CourtCP/578/2025disposed off

Mohd Shakir Ansari S O Mohd Zama Ansari v. Dr Mahendra Kalyankar

2025-10-07Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Ms Justice Aarti A. Sathe3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

JYOTI RAJESH MANE CIVIL APPELLATE JURISDICTION JYOTI RAJESH MANE Date: 2025.10.13 10:59:11 +0530 CONTEMPT PETITION NO. 578 OF 2025 IN WRIT PETITION NO. 6551 OF 2024 Mohd Shakir Ansari S O Mohd Zama Ansari

...Petitioner

Versus

Dr Mahendra Kalyankar

...Respondent

_______ Mr. S.G.Kudle a/w. Mr. Kishor Jadhav, for Petitioner. Mr. Vishwanath Patil a/w. Mr. Akshay Naidu, for Respondent No.1(CEO SRA). _______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

7th October 2025 P.C.

1.

This Contempt Petition is filed alleging contempt of the Order dated 19th June 2025, passed by this Court whereby the AGRC was directed to decide the Petitioners appeal as expeditiously as possible and in the event within a period of 4 weeks from the date of the said Order.

2.

The grievance of the Petitioner was to the effect that the said order passed by the Court was breached and/or not complied as no order was served on the Petitioner.

3.

Mr.Patil, learned counsel for the AGRC has placed on record an order dated 14th August 2025. We are not aware of the reason why the same is placed before the Court today for the first time and not served on the Petitioners. It was also not filed on the earlier occasion. We were also not aware as to whether the order was uploaded on the website by following the usual practice by the SRA.

4.

All these facts are in fact required to be placed on record on an Affidavit by the AGRC as it cannot be that the orders passed by this Court are not complied. In the event, if there appears to be any eventuality that it was not possible for the AGRC to pass orders in that event extension of time could have been obtained by making an application before the Court. However, to breach the orders passed by the Court and routinely would not be acceptable. 5.

Be that as it may, let an appropriate affidavit be placed on record of this Court as to why the orders passed by this Court were not complied and as to why there was belated passing of the order on the Petitioners Appeal. The copy of the said Affidavit be also served on the Advocate for the Petitioner. Let this exercise be completed within a period of one week from today. 6.

We also make it clear that henceforth the Court shall deal all these defaults very seriously and in cases whee there is no extension of time sought for by the SRA, it would be considered to be breach of the Orders passed by this Court. This order be forwarded to the AGRC as also to the Chief Executive Officer of the SRA.

7.

However, as already now an Order is passed, we are not inclined to carry forward this Contempt Petition, we permit the Petitioner to assail the order dated 14th August 2025, passed by the AGRC if the Petitioner is aggrieved by the same.

8.

However, although the Contempt proceedings are closed, for such affidavit to be filed by the Competent Officer on behalf of the AGRC.

9.

Disposed of in the aforesaid terms. No costs. 10.

Place the proceedings for compliance after one week. 11.

Stand over to 14th October 2025 for compliance. (HOB) (AARTI SATHE, J.) (G. S. KULKARNI, J.)