Bombay High Court

BALAJI SHRIHARI JADHAVversusTHE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The Court held that writ petitions which have remained unadvanced for an extended period become infructuous and must be dismissed.

Summary

Several writ petitions (Nos. 11636/2022, 11654/2022, 11652/2022, 11651/2022, 11650/2022, 11649/2022, 11648/2022, 11645/2022, 11637/2022, 11643/2022) were filed by various petitioners against the State of Maharashtra. The petitioners, through counsel, sought relief but did not advance the matters for a considerable period. The learned counsel for the petitioners later submitted that the passage of time had rendered the petitions infructuous. The Court examined the submissions and noted that the delay had indeed caused the petitions to become moot. Consequently, the Court held that no further consideration was warranted and disposed of all the writ petitions as infructuous.

Issues considered

Whether the writ petitions filed by the petitioners are to be deemed infructuous due to the lapse of time?
Whether any relief can be granted when a petition has become moot because of inaction by the petitioner?

Subjects

writ petition
infructuous
lapse of time
High Court of Bombay
petition dismissed
procedural default

Judgment

2026:BHC-AUG:21533
                                                        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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