Bombay High Court

RAMESH KESHAVRAO DHONDGEversusTHE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

A writ petition that has become infructuous because of the passage of time is to be disposed of without further consideration.

Summary

The petitioners filed multiple writ petitions (Nos. 11636/2022, 11654/2022, 11652/2022, 11651/2022, 11650/2022, 11649/2022, 11648/2022, 11645/2022, 11637/2022, 11643/2022) before the Aurangabad Bench of the Bombay High Court challenging actions of the State of Maharashtra. Over the course of the proceedings, a substantial lapse of time occurred, and the petitioners, through their counsel, submitted that the petitions had become infructuous. The Court examined whether any substantive issue remained for adjudication despite the delay. Relying on the principle that a petition which has become moot or infructuous cannot be entertained further, the Court held that there was nothing left to consider. Consequently, all the writ petitions were disposed of as infructuous. No substantive merits of the original claims were addressed, and the orders were limited to procedural disposal.

Issues considered

What is the effect of a substantial lapse of time on the viability of pending writ petitions?
Can a writ petition be entertained when it has become infructuous due to the passage of time?

Subjects

writ petition
limitation
infructuous
disposal
High Court
Bombay High Court
Aurangabad bench

Judgment

2026:BHC-AUG:21534
                                                        Writ Petition No.11636/2022
                                              :: 1 ::




                      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD


                           41 WRIT PETITION NO. 11636 OF 2022

            Mohan Vyankatrao Kadam                       ….Petitioner
                     VERSUS
            The State Of Maharashtra Through & ors.      …..Respondents

                                             .......
            Mr. A.V. Hon, Advocate for petitioner
            Mr. R.B. Dhaware, A.G.P. for State
                                             ....…
                                              WITH
                              WRIT PETITION NO. 11654 OF 2022

            Balaji s/o Shrihari Jadhav                   ….Petitioner
                     VERSUS
            The State Of Maharashtra Through & ors.      …..Respondents
                                              .......
            Mr. A.V. Hon, Advocate for petitioner
            Mr. R.B. Dhaware, A.G.P. for State
            Mr. Jiwan J. Patil, Advocate for r.No.4
                                             ....…
                                              WITH
                              WRIT PETITION NO. 11652 OF 2022

            Bhaurao s/o Deorao Kalyankar                 ….Petitioner
                     VERSUS
            The State Of Maharashtra Through & ors.      …..Respondents

                                              .......
                                            Writ Petition No.11636/2022
                                  :: 2 ::


Mr. A.V. Hon, Advocate for petitioner
Mr. R.B. Dhaware, A.G.P. for State
                                 ....…
                                  WITH
                WRIT PETITION NO. 11651 OF 2022

Dhanraj Nanaji Dafade                        ….Petitioner
      VERSUS
The State Of Maharashtra Through & ors.      …..Respondents
                                 .......
Mr. A.V. Hon, Advocate for petitioner
Mr. R.B. Dhaware, A.G.P. for State
Mr. Jiwan J. Patil, Advocate for R.No.4
                                 ....…
                                  WITH
                WRIT PETITION NO. 11650 OF 2022

Ramesh Keshavrao Dhongde                     ….Petitioner
      VERSUS
The State Of Maharashtra Through & ors.      …..Respondents
                                 .......
Mr. A.V. Hon, Advocate for petitioner
Mr. R.B. Dhaware, A.G.P. for State
Mr. Jiwan J. Patil, Advocate for R.No.4
                                 ....…
                                  WITH
                WRIT PETITION NO. 11649 OF 2022

Vinod Balaji Torne                           ….Petitioner
      VERSUS
The State Of Maharashtra Through & ors.      …..Respondents
                                 .......
Mr. A.V. Hon, Advocate for petitioner
                                            Writ Petition No.11636/2022
                                  :: 3 ::


Mr. R.B. Dhaware, A.G.P. for State
                                ....…
                                  WITH
                WRIT PETITION NO. 11648 OF 2022

Vyankati Sakharam Ladekar                    ….Petitioner
     VERSUS
The State Of Maharashtra Through & ors.      …..Respondents
                                 .......
Mr. A.V. Hon, Advocate for petitioner
Mr. R.B. Dhaware, A.G.P. for State
Mr. Jiwan J. Patil, Advocate for R.No.4
                                 ....…
                                  WITH
                WRIT PETITION NO. 11645 OF 2022

Shahuraj Janardhanrao Gore                   ….Petitioner
      VERSUS
The State Of Maharashtra Through & ors.      …..Respondents
                                 .......
Mr. A.V. Hon, Advocate for petitioner
Mr. R.B. Dhaware, A.G.P. for State
                                 ....…
                                  WITH
                WRIT PETITION NO. 11637 OF 2022

Govindrao Virbhadra Hample                   ….Petitioner
      VERSUS
The State Of Maharashtra Through & ors.      …..Respondents
                                 .......
Mr. A.V. Hon, Advocate for petitioner
Mr. R.B. Dhaware, A.G.P. for State
                                 ....…
                                                 Writ Petition No.11636/2022
                                    :: 4 ::


                                    WITH
                 WRIT PETITION NO. 11643 OF 2022

Bhujangrao Govind Shinde                          ….Petitioner
        VERSUS
The State Of Maharashtra Through & ors.           …..Respondents

                                 .......
Mr. A.V. Hon, Advocate for petitioner
Mr. R.B. Dhaware, A.G.P. for State
                                 ....…
                         CORAM : SIDDHESHWAR S. THOMBRE, J.
                         DATE       : 8th MAY, 2026

PER COURT :


1.            Learned counsel for the petitioners, on instructions,
submits that, by passage of time, these petitions have rendered
infructuous     and    therefore,      nothing   survives    for   further
consideration. In view thereof, the writ petitions are disposed of as
infructuous.


                                (SIDDHESHWAR S. THOMBRE, J.)




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