Bombay High Court
SHRI. SURESH ANNAJI PATILversusDINESH MOTIRAM BACHHAV AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- M S KARNIKS M MODAK
Holding
The Court held that the cancellation of the Nashik Municipal Smart City Scheme made the writ petitions moot, leading to their disposal.
Summary
The petitioners filed writ petitions (Nos. 9442/2023 and 10978/2023) challenging decisions related to the Nashik Municipal Smart City Scheme. The respondents, including the State of Maharashtra and the Nashik Municipal Corporation, argued that the scheme had been cancelled by a General Body Resolution dated 7 May 2025. The Court examined whether any issue remained for adjudication after the cancellation. Finding that the cancellation rendered the subject matter of the petitions moot, the Court held that there was nothing left to consider. Consequently, the writ petitions and any pending interim applications were disposed, with liberty left to the petitioners to approach the Court in the future if any adverse decision arises.
Issues considered
- Whether the writ petitions challenging the Nashik Municipal Smart City Scheme remain maintainable after the scheme's cancellation.
Subjects
- Writ petition
- Smart City Scheme
- Mootness
- Cancellation
- Public interest litigation
- High Court of Bombay
Judgment
LSP 1 18 ia 14394.23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition No.9442 of 2023
With
Interim Application No. 14394 of 2023
In
Writ Petition No. 9442 of 2023
Mr. Suresh Annaji Patil … Applicant
In the matter between
Shri Dinesh Motiram Bachhav
and others … Petitioners
V/s.
The State of Maharashtra and others … Respondents.
With
Writ Petition No. 10978 of 2023
(Not on Board)
Mr. Pandit Vitthal Tidake and others … Petitioners
v/s.
The State of Maharashtra and others … Respondents.
Mr. Pranil K. Sonawane, Mr. Raj Chourasia and Mr. Vinod Utekar
for the applicant.
Digitally
signed by
LATA
LATA SUNIL
SUNIL PANJWANI
PANJWANI Date:
2026.03.06
11:43:57
Mr. Vaibhav Patankar (through v.c.) i/b. Patankar and Associates for
+0530
respondent No.3.
Mr. Abhishek T. Ingale a/w. Mr. Vaibhav Patankar i/b. Patankar &
Associates for respondent No.4.
Mr. P.P.Kakade, Addl.G.P. with Mrs. V.S.Nimbalkar, AGP for the
State.
LSP 2 18 ia 14394.23.doc
CORAM : M.S. KARNIK &
S.M. MODAK, JJ.
DATE : 4th March 2026.
P.C. :
1. Heard learned counsel for the petitioners.
2. Mr. Patankar, learned counsel appearing for the Nashik
Municipal Corporation, on instructions, submits that by General
Body Resolution dated 7th May 2025 the Scheme of Nashik
Municipal Smart City has been cancelled.
3. In such view of the matter, nothing survives for consideration
in the present writ petition. Keeping the liberty of the petitioners to
approach this Court for challenging any decision taken in future
which is adverse to the interest of the petitioners and keeping all the
contentions open. the writ petition is disposed of.
4. Pending interim application, if any, stands disposed of.
5. In view of disposal of this petition, nothing survives for
consideration in the Writ Petition No. 10978/2023. The same is
disposed of.
(S.M.MODAK,J.) (M.S.KARNIK, J.)
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