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Bombay High Court

SARJERAO GANPAT RATHOD AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is dismissed as the amount has already been recovered, rendering the relief sought moot.

Summary

The petitioners filed a writ petition seeking recovery of a sum from the respondents. The Government, acting as a respondent, filed an affidavit stating that the amount in question had already been recovered from respondent No. 4. The court examined the affidavit and found that the relief sought by the petitioners no longer existed. Consequently, there was no substantive issue left for adjudication. The judges therefore concluded that the petition was moot. The writ petition was consequently disposed of.

Issues considered

  • Whether a writ petition for recovery can proceed when the government affirms that the amount has already been recovered.

Subjects

  • recovery proceedings
  • writ petition
  • mootness
  • government affidavit

Judgment

2026:BHC-AUG:12400-DB


                                                   1              34-wp 11852-2016.odt



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                    WRIT PETITION NO. 11852 OF 2016

                 Sarjerao Ganpat Rathod And Others                           .. Petitioners

                          Versus

                 The State Of Maharashtra And Others                         .. Respondents

                 Mr. K. J. Suryawanshi, Advocate for Petitioners.
                 Mr. K. N. Lokhande, AGP for Respondent Nos. 1 to 3.
                 Mr. K. B. Jadhavar, Advocate for Respondent No. 4.

                                           CORAM : KISHORE C. SANT AND
                                                   SUSHIL M. GHODESWAR, JJ.
                                            DATE       :   18th MARCH, 2026.

                 PER COURT :-

                 1.       The prayers in the petition are in respect of recovery

                 proceedings. The Government has now filed an affidavit with a

                 specific statement that the amount is already recovered from

                 respondent No. 4. In view of the said statement, nothing remains

                 in the petition.


                 2.       The writ petition stands disposed of.


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



                 P.S.B.


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