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Bombay High Court

SUMITRA NARHARIRAO JAGTAPversusDIVISIONAL COMMISSIONER AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is dismissed as infructuous because the cause of action has become stale.

Summary

The petitioner, Sumitra Narharirao Jagtap, filed a writ petition challenging a decision of the Divisional Commissioner. The respondent side included the Divisional Commissioner and other officials. Both parties agreed that due to the passage of time, the subject matter of the petition had become infructuous. The Court noted that the petition could no longer be entertained because the cause of action was stale. Consequently, the Court disposed of the writ petition and the pending civil application. No substantive merits of the original dispute were addressed.

Issues considered

  • What is the appropriate judicial response when a petition becomes infructuous due to the passage of time?

Subjects

  • writ petition
  • infructuous
  • stale cause of action
  • dismissal
  • high court

Judgment

2026:BHC-AUG:35018
                                                     1                      49-WP-9506-15.odt



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                     WRIT PETITION NO. 9506 OF 2015

                                     SUMITRA NARHARIRAO JAGTAP
                                                 VERSUS
                               DIVISIONAL COMMISSIONER AND OTHERS
                                                    ...
                         Advocate for the Petitioner : Mr. Babasaheb A. Dhengle
                                AGP for Respondent No.1 : Mr. P. D. Patil
                            Advocate for Respondent No.3 : Mr. P. R. Tandale
                                                    ...
                      WITH CIVIL APPLICATION NO. 2712 OF 2016 IN WP/9506/2015
                                                    ...

                                              CORAM :        SACHIN S. DESHMUKH, J.
                                              DATE       :   11-08-2026
                PER COURT:-

                1.      The parties are ad idem that due to the passage of time, the

                subject     matter    of   this   petition   has   become    infructuous.

                Accordingly, the writ petition is disposed of.

                2.      Pending application stands disposed of.




                                                     [SACHIN S. DESHMUKH]
                                                             JUDGE



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