Bombay High CourtCP/10/2025disposed of

Mahadev Ramchandra Vaze v. Ramdas Atma Volvoikar And 10 ORS

2026-02-03Hon'Ble Shri Justice Suman Shyam , Hon'Ble Shri Justice Amit S. Jamsandekar2 pages

2026:BHC-GOA:159-DB CP 10 of 2025 Jose

IN THE HIGH COURT OF BOMBAY AT GOA

CONTEMPT PETITION NO.10 OF 2025 IN WRIT PETITION NO.705 OF 2023 MAHADEV RAMCHANDRA VAZE ... PETITIONER

Versus

RAMDAS ATMA VOLVOIKAR AND 10 ORS ... RESPONDENTS Mr. Prasheen Lotlikar, Advocate for the Petitioner. Mr. B. Fatarpekar, Advocate for Respondent No.1. Mr. Abhijeet Gosavi with Mr. G. Kerkar and Ms. S. Shetgaonkar, Advocates for Respondent Nos.3 to 10.

CORAM:- SUMAN SHYAM & AMIT S. JAMSANDEKAR, JJ.

DATED :- 3rd February, 2026 P.C.:

1. Heard Mr. Prasheen Lotlikar, learned Counsel for the Petitioner.

2. This contempt case has been filed alleging wilful disobedience of the directions contained in order dated 07.10.2024 passed by this Court in Writ Petition No.705/2023.

3. The learned Counsel for the Respondent Nos. 3 to 10, on the other hand, submits that in terms of the order of this Court, necessary inspection of the site was carried out. Thereafter, by the order dated 04.02.2025 issued by the Secretary of the Village Panchayat, the 3rd February, 2026

CP 10 of 2025 Petitioner's complaint has been closed. Therefore, the order of this Court has been complied with. The Petitioner's Counsel has, however, disputed the said submission by pointing out that in the inspection report, the reason cited for not demolishing the structure, as urged by the Petitioner, is totally untenable in law. Even if such a plea is accepted, even then, that would at best give rise to a new cause of action. Therefore, once the order has been passed addressing the complaint of the Petitioner, contempt case cannot survive any further. If the Petitioner is not satisfied with the order, it would be open for him to avail appropriate remedy in respect of the order dated 04.02.2025, including the statutory remedy of appeal, if so advised.

4. With the above observations, contempt petition is disposed of.

5. The reply of Respondent No.3 tendered today is taken on record. AMIT S. JAMSANDEKAR, J.

SUMAN SHYAM, J.

Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 03/02/2026 15:58:28 3rd February, 2026