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Bombay High Court

PRAKASH NARAYAN DAHALEversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND ANOTHER

Disposal
DISPOSED OFF

Holding

The petition was dismissed as infructuous because the suspension had been revoked, rendering the relief sought moot.

Summary

The petitioner, Prakash Narayan Dahale, filed a writ petition (No. 13112 of 2024) challenging a suspension order dated 2 January 2024 issued by the State of Maharashtra. The petition sought relief against the suspension, alleging its illegality. During the proceedings, the respondent submitted a copy of an order dated 28 August 2025 in which the Competent Authority recommended and effected the revocation of the petitioner’s suspension. The Court observed that, in view of the revocation, the subject matter of the petition no longer existed. Consequently, the Court held that the petition was infructuous and ordered its disposal. No substantive merits of the suspension were examined as the issue became moot.

Issues considered

  • What is the appropriate remedy when a suspension order challenged in a writ petition is subsequently revoked?

Subjects

  • suspension
  • writ petition
  • revocation
  • mootness
  • administrative law

Judgment

2026:BHC-AUG:39716-DB


                                                  {1}
                                                                             97 sr.no..odt

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 WRIT PETITION NO. 13112 OF 2024
                                        Prakash Narayan Dahale
                                                                              ….Petitioner
                                                VERSUS

                       The State Of Maharashtra Through The Secretary And Another
                                                                       …..Respondent
                                                   …..
              Advocate for the Petitioner : Mr. Bora Rupeshkumar C.
              AGP for Respondents: Mr. N.D. Batule.

                                            CORAM : N.B. SURYAWANSHI &
                                                    ABASAHEB D. SHINDE, JJ.

                                             DATE : 31 AUGUST, 2026.


              P.C.:-

                             This petition challenges the suspension order dated
              2.1.2024.


              2.             The learned Advocate for respondent No.2 has placed on
              record, a copy of the order dated 28.8.2025, by which the Competent
              Authority has recommended revocation of suspension of the petitioner
              and accordingly, the suspension of the petitioner is revoked. In that view
              of the matter, nothing survives in the petition. Writ Petition is, therefore,
              disposed of as infructuous.



               [ABASAHEB D. SHINDE]                        [N.B. SURYAWANSHI]
                   JUDGE                                         JUDGE

              grt/-


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