Bombay High Court

MHATARDEO BHIMAJI PAKHAREversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The petition is disposed of as infructuous due to the efflux of time.

Summary

The petitioner, Mhatardeo Bhimaji Pakhare, filed Writ Petition No. 11655 of 2017 in the Bombay High Court, Aurangabad Bench, seeking relief against the State of Maharashtra and others. Over the years, no substantive progress was made and the petition remained pending. The petitioner’s counsel submitted that, due to the efflux of time, the petition had become infructuous. The Court examined whether a writ petition can continue when it has become stale because of delay. Finding that the petition was indeed infructuous, the Court disposed of it without further hearing. Consequently, the petition was dismissed as infructuous.

Issues considered

Whether a writ petition that has remained pending for an extended period becomes infructuous and can be dismissed?

Subjects

writ petition
infructuous
delay
procedural law
high court

Judgment

2026:BHC-AUG:660-DB




                                                   -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                   908 WRIT PETITION NO. 11655 OF 2017

                                   MHATARDEO BHIMAJI PAKHARE
                                             VERSUS
                              THE STATE OF MAHARASHTRA AND OTHERS

              Mr.A.G.Ambetkar, Advocate for the petitioner.
              Ms.J.P.Reddy, AGP for the respondent/State.

                                     ( CORAM : KISHORE C. SANT AND
                                               SUSHIL M. GHODESWAR, JJ. )

                                        DATE : 8 JANUARY, 2026


              PER COURT :


              1.             The learned Advocate for the petitioner submits on

              instructions that by efflux of time, the petition has became infructuous.



              2.             As such, the petition stands disposed of, as infructuous.




                      ( SUSHIL M. GHODESWAR, J.)              ( KISHORE C. SANT, J.)




              khs/Jan.2026/11655

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