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Bombay High Court

PANDURANG GOVIND TIRTHEversusSTATE OF MAHARASHTRA THR ITS CHIEF SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

No cause of action survives; the petition is dismissed as infructuous.

Summary

Pandurang Govind Tirthe filed a public interest litigation seeking enforcement of a Letter of Award dated 5 December 2025 against the State of Maharashtra and other respondents. Respondent No.3, the Navi Mumbai Municipal Corporation, through counsel, informed the Court that it intended to execute the Letter of Award and submitted a copy of the award. The Court observed that the respondents' unequivocal undertaking removed any remaining cause of action. Consequently, the petition was held to be infructuous and was disposed of. The Court directed that the Letter of Award be executed within three months of the order.

Issues considered

  • Whether any cause of action subsists against the respondents after the respondents' undertaking to execute the Letter of Award

Subjects

  • public interest litigation
  • Letter of Award
  • cause of action
  • infructuous petition
  • execution of work order

Judgment

                                                                                     7-PIL.53.2026.doc

        Salunke
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

JAYANT
           Digitally
           signed by
           JAYANT
           VISHWANATH
                                  PUBLIC INTEREST LITIGATION NO. 53 OF 2026
VISHWANATH SALUNKE
SALUNKE    Date:
           2026.09.11
           20:46:09
           +0530

                        Pandurang Govind Tirthe                 }    Petitioner
                              Versus
                        State of Maharashtra & Ors.             }    Respondents

                        Mr. Prajit S. Sahane with Mr. D. Yeram, Advocates for
                        the Petitioner.

                        Ms. Neha S. Bhide, Government Pleader with Mr. O. A.
                        Chandurkar, Additional Government Pleader and Ms. G.
                        R. Raghuwanshi, AGP for Respondent Nos. 1 & 2.

                        Mr. Aniruddha Garge, Advocate for Respondent No. 3.

                                     CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                             ADVAIT M. SETHNA, J.

                                    DATE     : 11th SEPTEMBER, 2026

                        P.C.:
                        1.      Mr. Aniruddha Garge, the learned Counsel for Respondent
                        No.3     (Navi   Mumbai   Municipal    Corporation),      submits,       on
                        instructions received by him through Email, that the Respondent
                        authorities are inclined to execute the Letter of Award (LoA) dated
                        5th December 2025. He tenders a copy of the Letter of Award dated
                        5th December 2025, which is taken on record.

                        2.      In view of the categorical statement made by the learned
                        counsel for Respondent No. 3, we find that no cause of action
                        survives. The Writ Petition is disposed of as infructuous.

                        3.      We expect the Letter of Award/Work Order to be executed
                        within three months from today.



                             [ADVAIT M. SETHNA, J.]                    [CHIEF JUSTICE]
                                                          1


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