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Bombay High Court

RESHMA DIGAMBAR MANEversusASHTA MUNICIPAL COUNCIL, THROUGH CHIEF EXECUTIVE OFFICER AND ORS

Disposal
Disposed Off

Holding

The writ petition was dismissed as infructuous because the petitioner had obtained the NOC.

Summary

The petitioner, Reshma Digambar Mane, filed a writ petition challenging the Ashta Municipal Council's refusal to grant a No Objection Certificate (NOC). The petitioner later obtained the NOC from the council. Upon receipt of the NOC, counsel submitted that the purpose of the petition had been fulfilled, rendering it infructuous. The Court accepted this submission and held that the writ petition could no longer proceed. Consequently, the writ petition was disposed of as infructuous, and the related civil application was also dismissed.

Issues considered

  • Whether the writ petition becomes infructuous upon the petitioner’s receipt of the NOC?

Subjects

  • NOC
  • writ petition
  • infructuous
  • disposal
  • civil application

Judgment

                                                                    39 - WP - 10434 - 2014 (C).docx


                   VRJ
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIRCUIT BENCH AT KOLHAPUR
                                    CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO.10434 OF 2014
VAIBHAV
RAMESH                                            WITH
JADHAV
Digitally signed
by VAIBHAV
RAMESH JADHAV
                                   CIVIL APPLICATION NO.1164 OF 2016
Date: 2026.03.23
18:07:44 +0530
                                                   IN
                                    WRIT PETITION NO.10434 OF 2014
                   Reshma Digambar Mane                          … Petitioner
                              V/s.
                   Ashta Municipal Council, Through Its
                   Chief Executive Officer & Ors.                … Respondents

                   Mr. Amol Ghurde for the petitioner (through V.C.).
                   Mr. Samrat Kurlekar with Aditya Desai for respondent
                   No.1.
                   Mr. Sanjay D. Rayrikar, AGP for the State.


                                        CORAM : MRS. VRUSHALI V. JOSHI &
                                                RANJITSINHA RAJA BHONSALE, JJ.

                                        DATED     : MARCH 18, 2026
                   P.C.:

                   1.      Learned counsel for the petitioner submits that he has
                   received the NOC from the Ashta Municipal Council.

                   2.      In view of receipt of the said NOC, the writ petition has
                   become infructuous. Hence, the writ petition stands disposed of as
                   infructuous.

                   3.      In view of disposal of the writ petition, the civil application
                   also stands disposed of.


                   (RANJITSINHA RAJA BHONSALE) (MRS. VRUSHALI V. JOSHI, J.)



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