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Bombay High Court

LAXMAN VITHOBA SHINDEversusFAKIRCHAND KEDARI KHANDEKAR AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is infructuous and is therefore disposed of.

Summary

Petitioner Laxman Vithoba Shinde filed a writ petition challenging an order of the District Collector that disqualified him under Section 14(1)(J-3) of the Maharashtra Village Panchayats Act, 1959. He had previously contested the same order before the Divisional Commissioner under Section 16 of the Act, and that appeal was rejected by the Appellate Authority. The petitioner also raised the matter in a separate writ petition (No.2769 of 2025). The High Court observed that the present petition was rendered moot by the earlier proceedings and therefore found it infructuous. Consequently, the Court disposed of the writ petition as infructuous.

Issues considered

  • Whether the writ petition is maintainable in view of the earlier challenge and dismissal of the same order.
  • Whether the order of the District Collector disqualifying the petitioner can be reviewed by a fresh writ petition.

Legislation cited

Subjects

  • Maharashtra Village Panchayats Act
  • disqualification
  • writ petition
  • mootness
  • section 14
  • section 16
  • district collector
  • high court

Judgment

2026:BHC-AUG:37398



                                                        1
                                                                       914-wp-10517-2024

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                      WRIT PETITION NO. 10517 OF 2024

                                        Laxman Vithoba Shinde
                                               VERSUS
                                Fakirchand Kedari Khandekar And Others
                                                   ...
                     Mr. Y. G. Somani, Advocate for the Petitioner
                     Mr. S. P. Sonpawale, AGP for Respondent-State
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                              DATED : 18TH AUGUST, 2026
                     P.C. :-

                     .         Mr. Y. G. Somani, learned Advocate for the petitioner
                     submits that the petition was filed against the order passed by
                     the District Collector thereby disqualifying the petitioner
                     under       Section   14(1)(J-3)   of    the   Maharashtra   Village
                     Panchayats Act, 1959.

                     2.        Mr. Somani, learned Advocate further submits that the
                     petitioner later challenged the said order under Section 16 of
                     the Act before the Divisional Commissioner and Appeal is also
                     turned down by the Appellate Authority. Further, the
                     petitioner has assailed both these orders vide a separate Writ
                     Petition No.2769 of 2025. In view of this, he submits that the
                     present Writ Petition has turned infructuous.

                     3.        Writ Petition stands disposed of as infructuous.



                                                            ( AJIT B. KADETHANKAR, J. )

                     Rushikesh/2026


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