Bombay High Court
M/S ALPHA MEDICAL AND GENERAL STORE AND ANRversusSTATE GOVERNMENT OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
A writ petition is dismissed as infructuous when the respondent’s subsequent order resolves the dispute raised in the petition.
Summary
Several pharmaceutical and medical store owners filed writ petitions (Nos. 1669, 1672, 1676, 1677, 1680 of 2026) in the Bombay High Court challenging actions of the State Government of Maharashtra. The petitioners argued that the State’s orders adversely affected their businesses. During the pendency of the petitions, the State Government issued a final order in the underlying proceedings. The petitioners’ counsel informed the Court that the State’s order rendered the writ petitions infructuous. The Court, after noting the submission, held that there was no longer any live controversy and consequently dismissed the petitions as infructuous. The orders were signed by Justices Ravindra V. Ghuge and Abhay J. Mantri.
Issues considered
- Whether a writ petition becomes infructuous and liable to be dismissed when the respondent issues a final order in the underlying matter.
Subjects
- writ petition
- infructuous
- dismissal
- Civil Appellate Jurisdiction
- State Government of Maharashtra
- procedural law
Judgment
TRUPTI
SADANAND
BAMNE
Digitally signed by 928 to 932 common order.odt
TRUPTI SADANAND
BAMNE
Date: 2026.02.20
21:30:11 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(928) WRIT PETITION NO. 1669 OF 2026
Pharma Street … Petitioner
versus
State Government of Maharashtra & Anr. … Respondents
AND
(929) WRIT PETITION NO. 1672 OF 2026
M/s.Balaji Medical and General Store … Petitioner
versus
State Government of Maharashtra & Anr. … Respondents
AND
(930) WRIT PETITION NO. 1676 OF 2026
Om Jyoti Agency … Petitioner
versus
State Government of Maharashtra & Anr. … Respondents
AND
(931) WRIT PETITION NO. 1677 OF 2026
M/s. Medicos Pharma … Petitioner
versus
State Government of Maharashtra & Ors. … Respondents
AND
(932) WRIT PETITION NO. 1680 OF 2026
M/s. Alpha Medical and General Store … Petitioner
versus
State Government of Maharashtra & Anr. … Respondents
…
Mr.N.K.Chaurasia h/f. Mr.R.C.Mishra for the Petitioners in all Petitions.
Trupti ...1
928 to 932 common order.odt
Mr.O.A.Chandurkar, Addl.GP with Ms.Pooja Patil, AGP for the
Respondent -State in Serial No. 928.
Mr.O.A.Chandurkar, Addl.GP with Ms.P.N.Diwan, AGP for the
Respondent -State in Serial No. 929.
Mrs.Neha Bhide, GP with Mr.O.A.Chandurkar, Addl.GP with Ms.Pooja
Patil, AGP for the Respondent -State in Serial No. 930.
Mrs.Nisha M. Mehra, AGP for the Respondent -State in Serial No. 931.
Mr.P.P.Kakade, Addl.GP with Ms.Priyanka Chavan, AGP for the
Respondent -State in Serial No. 932.
...
CORAM : RAVINDRA V. GHUGE &
ABHAY J. MANTRI, JJ.
DATE : FEBRUARY 17, 2026
P.C:
1. The learned Advocate for the Petitioners submits, on
instructions, that the State has passed an order in the pending proceedings
and, therefore, all these Petitions have become infructuous.
2. In view of the above statement, all these Petitions are disposed
off as being infructuous.
(ABHAY J.MANTRI, J.) (RAVINDRA V. GHUGE, J.)
Trupti ...2
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