Bombay High Court

UDHAV NARAYAN KALEversusTHE STATE OF MAHARASHTRA and ORS.

Disposal: DISPOSED OFF
Bench: ARUN R PEDNEKER

Holding

The writ petition was dismissed as infructuous due to the petitioner’s non‑appearance and the passage of time.

Summary

Petitioner Uday Sahebsing Pawar and others filed a writ petition in 2001 challenging actions of the State of Maharashtra. No petitioner appeared before the court, and due to the lapse of time the matter was deemed infructuous. The court held that the petition could not proceed without the petitioner’s presence. Consequently, the writ petition was dismissed as infructuous and any accompanying civil application was also disposed of. No substantive merits of the case were addressed.

Issues considered

What is the appropriate disposition of a writ petition when the petitioner fails to appear and the matter becomes infructuous?

Subjects

writ petition
infructuous
non‑appearance
high court
procedural dismissal

Judgment

2026:BHC-AUG:19507




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                              905 WRIT PETITION NO. 4722 OF 2001
                                             WITH
                      CIVIL APPLICATION NO. 1528 OF 2002 IN WP/4722/2001

                               UDAY SAHEBSING PAWAR AND ORS
                                            VERSUS
                               STATE OF MAHARASHTRA AND ORS
                                                ...
                             AGP for Respondents 1 to 3 : Ms. J.P. Reddy
                                                ...

                                  CORAM        : ARUN R. PEDNEKER, J.
                                  Dated        : April 30, 2026

              PER COURT :-

              1.     None present for the petitioner. It appears that due to passage of

              time, the matter has become infructuous.

              2.     The writ petition is dismissed as infructuous. Civil Application, if

              any, also stands disposed of.

                                                             ( ARUN R. PEDNEKER, J. )

              ssc/

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