Bombay High Court

BABAN MURLIDHAR PATUNKARversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI ABASAHEB D SHINDE

Holding

The impugned order does not survive because the civil suit has been decided in favour of the petitioner.

Summary

Baban Murlidhar Patunkar filed a writ petition challenging an order dated page 150. The petitioner claimed a grievance concerning a writ property. While the petition was pending, a related civil suit was decided in the petitioner's favour, thereby redressing his grievance. The Court held that the impugned order could no longer survive in view of the civil suit outcome. Consequently, the petitioner was directed to approach the competent authority to have his name recorded on the writ property within eight weeks, and the writ petition was disposed.

Issues considered

Whether the order impugned in the writ petition should be set aside in view of the civil suit being decided in favour of the petitioner

Subjects

writ petition
civil suit
property rights
order set aside
competent authority
disposal

Judgment

2026:BHC-AUG:24486-DB


                                                   {1}                  27-wp-12997-2023

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                               27 WRIT PETITION NO. 12997 OF 2023
                                     Baban Murlidhar Patunkar
                                              VERSUS
                    The State Of Maharashtra Through Its Secretary And Others
                                                  ...
              Mr. S.S. Kulkarni a/w Mr. S.T. Bhimale i/b J.P.legal Associates, Advocate
              for the Petitioner
              Mr. S.R. Wakle, AGP for State
              Mr. U.B Bondar, Advocate for respondent No. 3
              Mr. V.S. Undre, Advocate for respondent No. 6 and 7
                                                .......
                                     CORAM : NITIN B. SURYAWANSHI AND
                                                   ABASAHEB D. SHINDE, JJ.
                                             DATE : 22nd JUNE, 2026
              PER COURT :

              1.       In view of subsequent developments and as civil suit is decided

              in favour of the petitioner, grievance of the petitioner is redressed.

              Resultantly, the order impugned in the petition at page no. 150 does

              not survive.

              2.       Petitioner shall approach the competent authority to record his

              name to the writ property and the authorities shall pass appropriate

              order within a period of 08 weeks from the date of application by the

              petitioner.

              3.       The writ petition is accordingly disposed of.



              (ABASAHEB D. SHINDE, J.)                   (NITIN B. SURYAWANSHI, J.)
              Bhagyawant Punde

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