1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.: 5903 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. CIVIL APPLICATION NO. 5903 OF 2011 In CP/126/2011 CHOUDHARI MOHD ABDUL KADAR MOHD YUSUF VERSUS S T CHAVAN, CHIEF OFFICER, MUNICIPAL COUNCIL, UDGIR AND ORS ... Advocate for Petitioner(s) : Choudhary M.S. ... 1. Learned counsel appearing for the Petitioner is traveling beyond the subject matter in the writ petition as also in the contempt petition and making wild allegations against the Chief Officer, Municipal Council, Udgir. The conduct of the petitioner to instruct his lawyer to argue in such a fashion and in such a way dis-entitles him from claiming any relief from this Court. 2. When the cognizance in contempt petition is taken by this Court, the role of the petitioner becomes merely informant. The petitioner cannot be termed as a litigant. Thereafter, necessarily matter is between the 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.: 5903 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. alleged contemner and the Court. As stated earlier, the status of the petitioner cannot be termed as litigant, and, therefore, in my opinion, the earlier contempt petition is disposed of by this Court taking into consideration the reply of the Respondents, therefore, present application deserves no consideration. In the case of "Supreme Court Bar Association V/s Union of India and another" reported in 1998 (4) SCC 409 it is observed by the Honourable Supreme Court. thus: "The powers of the Supreme Court, under Article 129 read with Article 142 of the Constitution, being supplementary powers have "to be used in exercise of its jurisdiction" in the case under consideration by the Supreme Court. Moreover, a case of contempt of court is not stricto sensu a cause or a matter between the parties inter-se. It is a matter between the Court and the 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.: 5903 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. contemnor. It is not, strictly speaking, tried as an adversarial litigation. The party, which brings the contumacious conduct of the contemner to the notice of the Court, whether a private person or the subordinate Court, is only an informant and does not have the status of a litigant in the contempt of court case." 3. The application is devoid of any merit, frivolous and does not deserve any consideration by this Court. The Registry is directed not to entertain any application filed by this applicant/ petitioner henceforth in connection with subject matter of the contempt petition No.126 of 2011. 4. Civil Application stands disposed of accordingly. [S. S. SHINDE, J.] Dated:10/10/2011. ans/5903