Bombay High Court

SHRI. BALKRUSHNA BATESHWAR KHARADEversusDISTRICT COLLECTOR, COLLECTOR OFFICE SOLAPUR AND ORS

Disposal: Disposed Off

Holding

A PIL seeking cancellation of a completed e‑auction is not maintainable where no live cause of action exists.

Summary

Shri. Balkrushna Bateshwar Kharade filed a public interest litigation seeking the cancellation of sand excavation awarded through an e‑tender and e‑auction dated 16 February 2022. The Court observed that the e‑auction had already been conducted in 2022 and that no operative issue remained for adjudication. No representation or evidence was offered by the petitioner to demonstrate a continuing grievance. Consequently, the Court held that the petition could not be entertained as the cause of action had become moot. The petition was disposed of, with liberty granted to the petitioner to revive the suit if a live cause of action later emerges.

Issues considered

Whether a public interest litigation can be entertained to cancel an e‑auction that was completed in the past
Whether the petition is maintainable in the absence of a live cause of action

Subjects

public interest litigation
sand excavation
e‑auction
cancellation
mootness
cause of action

Judgment

2026:BHC-KOL:8883-DB

47-PIL-198-2023(C).doc

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

PUBLIC INTEREST LITIGATION NO. 198 OF 2023

Shri. Balkrushna Bateshwar Kharade ...Petitioner
Versus
District Collector, Collector Office Solapur And Others ...Respondents

——————
None for the Petitioner.
Ms. Tejas J. Kapre, AGP for the Respondent-State.
——————

CORAM : SHARMILA U. DESHMUKH &
NEERAJ P. DHOTE, JJ.

DATE : SEPTEMBER 15, 2026.

P. C. :

1. The Petitioner sought cancellation of the excavation of sand as

per the e-tender and e-auction dated 16th February, 2022.

2. Considering that the e-auction is of 2022, it appears that the

auction is already conducted and nothing survives for consideration in

the present PIL Petition. None appears on behalf of the Petitioner.

3. The Public Interest Litigation is disposed of with liberty to revive

the PIL Petition, in the event the cause survives.

[NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.]

Jamadar-SL 1 of 1

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