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Bombay High Court

MITHILESH GANESH RAJBHARversusTHE STATE OF MAHARASHTRA AND 4 ORS

Decided
Disposal
DISMISSED

Holding

The petition is disposed of as infructuous because the reliefs sought can no longer be granted.

Summary

Mithilesh Ganesh Rajbhar filed a writ petition (WP No.2318 of 2019) against the State of Maharashtra and other respondents seeking certain reliefs. The respondents argued that, owing to the lapse of time, the reliefs sought had become infructuous. The Court, after considering the counsel's submissions, held that the petition could no longer grant effective relief and therefore disposed of it as infructuous. However, the Court kept the petitioner's liberty to approach the Court again if the cause of action still subsists. All pending applications, if any, were also ordered disposed.

Issues considered

  • Whether the reliefs prayed for in the writ petition have become infructuous due to the passage of time

Subjects

  • limitation
  • infructuous relief
  • writ petition
  • civil procedure
  • petition disposed

Judgment

                                              5-WP-2318-2019+IA(L)-24373-2024+IPA(L)-24371-2024.doc


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       ORDINARY ORIGINAL CIVIL JURISDICTION


                                               WRIT PETITION NO.2318 OF 2019
                                                          WITH
                                          INTERIM APPLICATION (L) NO.24373 OF 2024
           Digitally signed

SATISH
           by SATISH
           RAMCHANDRA
                                                          WITH
           SANGAR
RAMCHANDRA
SANGAR     Date:
           2026.06.17
                                         IN PERSON APPLICATION (L) NO.24371 OF 2024
           17:13:03
           +0530




                              Mithilesh Ganesh Rajbhar                                ...Petitioner/Applicant
                                     V/s.
                              The State of Maharashtra and Ors.                           ...Respondents

                                                              *****
                              None for the Petitioner/Applicant.
                              Mr.Suraj Gupte, AGP, for Respondents–State.
                              Mr.Girish Utangale i/b.Utangale and Company, Advocate for
                              Respondent No.5–SRA.
                              Mr.Akshay Pawar, Advocate for Respondent Nos.6,7 and 8
                                                                     *****
                                                           CORAM        :      M.S.KARNIK &
                                                                               S. M. MODAK, JJ.
                                                           DATE         :      17th JUNE 2026
                              P. C. :-

                              1.     None for the Petitioner.

                              2.     Learned counsel for Respondent Nos.6,7 and 8 submits that in

                              view of the passage of time, the reliefs prayed for in this Petition

                              become infructuous. The Petition is, therefore, disposed of as

                              infructuous.


                              Satish Sangar                                                                 1/2
                5-WP-2318-2019+IA(L)-24373-2024+IPA(L)-24371-2024.doc


3.    Liberty to the Petitioner to apply is kept open in case, they are in

a position to satisfy that the cause for which the Petition was filed still

survives.

4.    Pending Applications, if any, also stand disposed of.



(S. M. MODAK, J.)                                           (M. S. KARNIK, J.)




Satish Sangar                                                               2/2


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