Bombay High Court

SHOBHA CHANDU GAIKWADversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: Dismissed/Rule Discharged
Bench: N B SURYAWANSHI ABASAHEB D SHINDE

Holding

The Court held that delay may be condoned, the civil applications restored and allowed, and the writ petitions are infructuous upon the petitioners' appointment.

Summary

The petitioners filed several civil applications challenging actions of the State of Maharashtra. The High Court noted that the filings were delayed and, after hearing, condoned the delay, restored the petitions to their original positions and allowed the civil applications. The petitioners then submitted that, having been appointed to the posts in question, their petitions were rendered infructuous. The Court accepted this submission, holding that the writ petitions could no longer be entertained. Consequently, the civil applications were allowed and the writ petitions were disposed of as infructuous.

Issues considered

Whether the Court may condone delay in filing civil applications and restore them to their original positions.
Whether a petition becomes infructuous upon the appointment of the petitioner to the contested post.
Whether the writ petitions should be dismissed on the ground of being infructuous.

Subjects

delay condonation
civil applications
writ petition
infructuous
appointment
High Court of Bombay

Judgment

2026:BHC-AUG:25026-DB


                                           *1*                925t929ca9269o24


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                          925 CIVIL APPLICATION NO. 9269 OF 2024
                                      IN WP/14504/2023
                               RANJANA BHASKAR LONDHE
                                       VERSUS
                        THE STATE OF MAHARASHTRA THROUGH ITS
                                SECRETARY AND OTHERS
                                         …

                                           AND
                          926 CIVIL APPLICATION NO. 9270 OF 2024
                                      IN WP/14502/2023
                                SHOBHA CHANDU GAIKWAD
                                          VERSUS
                        THE STATE OF MAHARASHTRA THROUGH ITS
                                 SECRETARY AND OTHERS
                                            …
                                           AND
                          927 CIVIL APPLICATION NO. 9299 OF 2024
                                      IN WP/14512/2023
                                    REKHA RAVJI AWATE
                                          VERSUS
                        THE STATE OF MAHARASHTRA THROUGH ITS
                                 SECRETARY AND OTHERS
                                            …
                                           AND
                          928 CIVIL APPLICATION NO. 9303 OF 2024
                                      IN WP/14506/2023
                                 BHARAT ASHOK HIWALE
                                       VERSUS
                        THE STATE OF MAHARASHTRA THROUGH ITS
                                SECRETARY AND OTHERS
                                          …
                                         AND
                                      *2*                      925t929ca9269o24


                 929 CIVIL APPLICATION NO. 9304 OF 2024
                             IN WP/14505/2023
                       SANDIP GOVIND HIWALE
                                VERSUS
            THE STATE OF MAHARASHTRA THROUGH ITS
                      SECRETARY AND OTHERS
                                    ...
      Shri Kamble Dinkar G., Advocate for the Applicants.
      Shri V.M. Kagne, AGP for the Respondents/ State.
                                    ...

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

                         DATE : 25 June 2026
      P. C. :-

      1.           Heard.


      2.           For the reasons stated in the applications, delay is

      condoned. The petitions are restored to the file at their original

      positions. Civil Applications are, accordingly, allowed.


      3.           Learned advocate for the petitioners submits, on

      instructions, that since the petitioners are appointed, the petitions

      are rendered infructuous.


      4.           The Writ Petitions are disposed of as infructuous.




kps   (ABASAHEB D. SHINDE, J.)         (NITIN B. SURYAWANSHI, J.)

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