Ndm 1 cp.79.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 79 OF 2009 IN B.C.C.C. SUIT NO. 1652 OF 2008 Mohammed Salim Nanhe Shaikh. ... PETITIONER Vs. Shamsuddin Khan and ors. ... RESPONDENTS ----- Shri. S.P. Shrivastava for Petitioner Shri. Prashant Patil & P.R. Patel for Respondent Nos. 1 and 2. ----- CORAM : R.S. MOHITE, J. DATE : 27th August, 2009. P.C. 1 This is a Contempt Petition alleging violation of an order of the Single Judge of this Court passed on 01 st October, 2008. The order merely states that the Respondents are not entitled to put up unauthorized construction and if according to the Petitioner, the construction is unauthorized, the Petitioner is always at liberty to approach the concerned authorities including BMC, who will take appropriate action. The order does not contain a specific direction to the BMC. The question as to whether the construction is unauthorized is a factual position and cannot be the subject matter of the Contempt Petition. Contempt Petition therefore rejected. R.S. MOHITE, J.