Bombay High Court
BALGI BROTHERS ASSOCIATES THROUGH ITS PARTNER RADHIKA G. BALGIversusTHE UNION OF INDIA THROUGH MINISTRY OF RAILWAYS
- Decided
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed as infructuous because the impugned notice has been withdrawn, leaving no cause of action.
Summary
Balgi Brothers Associates, through partner Radhika G. Balgi, filed a writ petition challenging a notice dated 9 October 2023 issued by the Ministry of Railways. The petitioner alleged that the notice was unlawful and sought relief. The Union of India, through its counsel, informed the court that the impugned notice had been unconditionally withdrawn by the Department. The petitioner accepted that, in view of the withdrawal, there was no longer any surviving cause of action. Consequently, the Court disposed of the petition as infructuous, noting that the matter no longer required adjudication.
Issues considered
- Whether the writ petition remains maintainable after the withdrawal of the impugned notice.
Subjects
- writ petition
- withdrawal of notice
- infructuous
- cause of action
- Ministry of Railways
- Union of India
Judgment
18-OSWP-2045-2024.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2045 OF 2024
Balgi Brothers Associates through its partner …Petitioner
Radhika G. Balgi
Versus
The Union of India through Ministry of Railways …Respondents
& Ors.
Mr Pradeep Thorat, i/b Aditi Naikare, for the Petitioner.
Ms Anamika Malhotra, for the Respondents.
Mr Sant Kumar Patel, ADEN/EST/N/Borivali, Western Railway,
present in Court.
SHEPHALI
SANJAY
MORMARE
CORAM: SUMAN SHYAM &
Digitally signed
by SHEPHALI
SANJAY
ADVAIT M. SETHNA, JJ.
MORMARE
Date:
2026.07.22
17:18:19 +0530 DATED: 22nd JULY 2026.
PC:-
1. Ms Anamika Malhotra, learned Advocate appearing for the
Respondents-Union of India submits, on instructions, that the
Notice dated 9th October 2023 impugned in this Writ Petition has
been unconditionally withdrawn by the Department. Responding
to the above, Mr Pradeep Thorat, learned counsel appearing for
the Petitioner submits that in that event, there would be no
surviving cause of action in the Writ Petition and the same can be
closed.
2. Taking note of the submissions made at the Bar by the
learned counsel for the parties, the Writ Petition is hereby disposed
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18-OSWP-2045-2024.DOC
of as infructuous on account of withdrawal of the impugned Notice
dated 9th October 2023.
(ADVAIT M. SETHNA, J.) (SUMAN SHYAM, J.)
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