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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