Bombay High Court

SWAPNIL JAGGNATH SHELKEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: ABHAY MANTRI

Holding

The petition is dismissed as infructuous due to the expiration of the Gram Panchayat's term.

Summary

Swapnil Jaggnath Shelke filed Writ Petition No. 13329 of 2021 challenging actions of the State of Maharashtra and other respondents. During the pendency of the petition, the term of the Gram Panchayat concerned expired. The petitioner argued that the expiry rendered the petition infructuous. The Court accepted this submission and dismissed the petition on the ground that it had become infructuous. The judgment notes that the Court did not consider the issue concerning the third child raised in the petition.

Issues considered

Whether the expiration of the Gram Panchayat's term makes a pending writ petition infructuous

Subjects

writ petition
infructuous
Gram Panchayat
petition dismissal
jurisdiction

Judgment

2026:BHC-AUG:32480


                                                   1                       902.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                                WRIT PETITION NO. 13329 OF 2021
                                 SWAPNIL JAGGNATH SHELKE
                                             VERSUS
                        THE STATE OF MAHARASHTRA AND OTHERS
                                                ...
                          Advocate for Petitioner : Mr. Abhijit Choudhari
                        AGP for Respondent Nos. 1 to 3 : Mr. K.B. Jadhavar
                      Advocate for Respondent No. 5 : Mr. Kawade Shrikant G.
                                                …

                                                  CORAM : ABHAY J. MANTRI, J.
                                                  DATE : 31st JULY, 2026

              PER COURT :

              1.             Learned Advocate Mr. Bhise, who is now appointed as an

              AGP, submitted that Advocate Mr. Choudhari appears for the Petitioner;

              therefore, his appearance be discharged.

              2.             In view of the above, the appearance of Mr. Bhise is

              discharged.

              3.             Learned Advocate for the Petitioner submitted that during

              the pendency of this Petition, the term of the Gram Panchayat has

              expired. Therefore, this Petition has become infructuous. His statement is

              accepted.

              4.             In view of his statement, the Petition is dismissed as

              infructuous.
                                     2                          902.odt


5.           It is made clear that this Court has not dealt with the issue of

the third child which was raised in the Petition.




                                               ( ABHAY J. MANTRI, J. )



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