Bombay High Court

MRS. ASHA ASHOK NABARversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 24 March 2026
Disposal: Dismissed
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed as infructuous.

Summary

The writ petition filed by Mrs. Asha Ashok Nabar had been pending for over twelve years. During this period, the petitioner applied separately to the competent authority for registration of Jagruti Cooperative Housing Society Ltd., Thane (East), and the authority, under the Maharashtra Co-operative Societies Act, 1960, granted the registration on 26 August 2024. That registration order is now being challenged in a separate writ petition (No. 18103 of 2024). The court held that, because the matter sought to be addressed by the present petition has been effectively resolved and is now the subject of another proceeding, the petition has become infructuous. Consequently, the court dismissed the petition as infructuous.

Issues considered

What is the appropriate disposition of a writ petition that has become infructuous due to a subsequent registration order and parallel challenge in another petition?

Legislation cited

Maharashtra Co-operative Societies Act, 1960

Subjects

writ petition
cooperative society registration
infructuous petition
Maharashtra Co-operative Societies Act
civil appellate jurisdiction

Judgment

sns 7-wp-10657-2012+.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.10657 OF 2012

Mrs. Asha Ashok Nabar … Petitioner
V/s.
The State of Maharashtra & Ors. … Respondents

Mr. Rohan Mirpury i/by Joel J. Carlos for the Petitioner.
Dr. Dhruti Kapadia, AGP, for the Respondent-State.

CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 24th March 2026

P.C.:-

1) Record clearly indicates that, this Petition was pending for last

more than 12 years, the Petitioner filed a separate Application before the

Competent Authority for registration of the Society namely Jagruti Co-

operative Housing Society Ltd., Thane (East) and the same was granted by

the competent Authority constituted under the Maharashtra Co-operative

Societies Act, 1960, by its Order dated 26th August, 2024.

1.1) The said Order is now subject of challenge in Writ Petition

No.18103 of 2024.

2) In view of the above, according to us, present Petition has

become infructuous and is dismissed as infructuous.

Digitally signed

SUMEDH
NAMDEO
by SUMEDH
NAMDEO
SONAWANE
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
SONAWANE Date:
2026.03.30
15:08:34 +0530

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