Bombay High Court

RUTUJA RAJESH RATHYEversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Allowed To be withdrawn
Bench: MADHAV JAMDAR PRAVIN SHESHRAO PATIL

Holding

The Court held that a writ petition which has become infructuous may be withdrawn and disposed of.

Summary

The petitioner, Abhimanyu Rutuja Rajesh Rathye, filed a writ petition seeking relief. During the pendency of the petition, the petitioner obtained individual approval for the relief sought, rendering the petition infructuous. Counsel for the petitioner moved that the petition be withdrawn on this ground. The Court examined whether a petition that has become moot can be withdrawn. Finding that the relief sought had already been granted, the Court allowed the withdrawal and ordered the petition to be disposed. The petition was thus withdrawn and dismissed as moot.

Issues considered

Whether a writ petition that has become infructuous due to the grant of the relief sought can be withdrawn by the petitioner

Subjects

writ petition
withdrawal
infructuous
civil appellate jurisdiction
Mumbai High Court

Judgment

                                                                                        904 WP 11050.24.odt


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

                                           WRIT PETITION NO.11050 OF 2024


ABHIMANYU
                             Rutuja Rajesh Rathye                                  .. Petitioner
SHANKARRAO
GULANDE
                             ..Versus..
Digitally signed
by ABHIMANYU
SHANKARRAO
GULANDE
                             The State of Maharashtra and
Date: 2026.03.27
17:35:53 +0530
                             others.                                               .. Respondents


                             Mr. Ashish Loke, Advocate (Through VC) a/w Adv. Prithviraj Raorane,
                             for Petitioner,
                             Mr. Siddheshwar Kalel, AGP for Respondent-State.


                                               CORAM : MADHAV J. JAMDAR AND
                                                       PRAVIN S. PATIL, JJ.
                                               DATE       : MARCH 27, 2026.

                             P.C.

                             1.           Mr. Loke, learned counsel appearing for the petitioner,
                             states that as individual approval has been granted to the petitioner
                             during the pendency of the petition, the petition has become
                             infructuous and, therefore, seeks withdrawal of the writ petition.
                             2.           Accordingly, the writ petition is allowed to be withdrawn
                             and disposed of as such.




                                  (PRAVIN S. PATIL, J.)            (MADHAV J. JAMDAR, J.)
                   Gulande




                                                                                             1 of 1

Continue reading with your account

Checking your session…