Bombay High Court
LAXMAN BHAGUJI THORAT and ANRversusSTATE OF MAHA and ORS
- Disposal
- DISPOSED OFF
Holding
The petition is disposed of as nothing survives in the petition due to its staleness.
Summary
The petitioners filed a writ petition in 2005 seeking a court‑ordered enquiry into the renewal of kerosene dealer licences in Jalna district for the years 2003‑04 and to direct action against a concerned officer. The petitioners could not be contacted, and the petition remained pending for over a decade. The court observed that the petition was stale and that no substantive relief could be granted after such delay. Consequently, the court held that keeping the matter pending would serve no useful purpose. The petition was therefore disposed of without any order for an enquiry.
Issues considered
- What is the appropriate judicial response to a writ petition that remains pending for an extended period and is effectively stale?
- Whether the court should order an enquiry into the renewal of kerosene dealer licences despite the petition's delay
Subjects
- writ petition
- kerosene dealer licence
- stale petition
- court disposal
- enquiry
Judgment
2026:BHC-AUG:42659-DB
3-WP.1671.2005.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
3 WRIT PETITION NO. 1671 OF 2005
Laxman Bhaguji Thorat And Anr
VERSUS
State of Maharashtra And Ors
...
Mr. V. D. Khivesara i/by Mr. A. S. Bajaj, M S Patil, Advocate for the
Petitioners.
Ms. Jayshri P. Reddy, AGP for Respondent Nos.1 to 5
Mr. Sawari M. Patil h/f. Mr. M. M. Patil (Beedkar), Advocate for
Respondent No.18.
...
CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 15th SEPTEMBER, 2026
PER COURT :
1. The learned Advocate informs that, though he tried to contact
the petitioners, he could not establish any contact with them.
2. Looking to the prayers to hold an enquiry in the matter of
renewal of licence of dealers of kerosene in Jalna District during the
years 2003-2004, and further prayer is to take action against the
concerned officer in accordance with law, this Court finds that, by
now, nothing survives in the petition. The petition is of the year 2005.
3. This Court finds that keeping the matter pending would be
serve no useful purpose. Petition, therefore, stands disposed off.
(JITENDRA JAIN, J.) (KISHORE C. SANT, J.)
Sayyed 1/1
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