Bombay High Court

MAHESH SHANKARLALA SHANKARPELLIversusTHE DISTRICT COLLECTOR AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed as infructuous because of the efflux of time.

Summary

Ms. Aishwarya N. Tanpure, filing a writ petition before the Bombay High Court, sought relief against the District Collector and others. The petitioner’s counsel submitted that the petition had become infructuous because of the passage of time. The Court examined whether a writ petition can be entertained after it has become stale. Relying on the principle that a petition must be timely and that delay defeats the purpose of a writ, the Court held the petition could not proceed. Consequently, the writ petition was disposed of as infructuous.

Issues considered

Whether a writ petition becomes infructuous due to lapse of time and therefore cannot be entertained

Subjects

writ petition
infructuous
lapse of time
civil procedure

Judgment

2026:BHC-AUG:39767



                                                       1
                                                                        4-wp-13078-2023

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                      WRIT PETITION NO. 13078 OF 2023

                                     Mahesh Shankarlala Shankarpelli
                                                  VERSUS
                                     The District Collector And Others
                                                     ...
                     Ms. Aishwarya N. Tanpure h/f Mr. Ravindra V. Gore, Advocate
                     for the Petitioner
                     Mr. K. B. Jadhavar, AGP for Respondent
                                                    …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 31ST AUGUST, 2026

                     P.C. :-

                     .         Ms. Aishwarya N. Tanpure h/f Mr. Ravindra V. Gore,

                     learned Advocate for the petitioner submits that by efflux of

                     time, the Writ Petition has become infructuous.

                     2.        In view of the above, Writ Petition stands disposed of as

                     infructuous.



                                                           ( AJIT B. KADETHANKAR, J. )

                     Rushikesh/2026

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