Bombay High Court

SAMARTH ERECTORS AND DEVELOPERSversusSTATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND 7 ORS.

Decided: 22 June 2026
Disposal: DISPOSED OFF
Bench: M S KARNIK S M MODAK

Holding

The petition is dismissed as infructuous because the reliefs sought have become ineffective due to the passage of time.

Summary

Samarth Erectors & Developers filed a writ petition before the Bombay High Court seeking reliefs against the State of Maharashtra. The petitioner’s counsel argued that, owing to the passage of time, the reliefs sought had become ineffective. The court examined whether the petition remained maintainable in view of the alleged lapse. Finding that the reliefs were indeed rendered infructuous, the court held that there was no longer any substantive relief to grant. Consequently, the petition was disposed of as infructuous, and the accompanying chamber summons was also dismissed.

Issues considered

Whether the writ petition remains maintainable despite the alleged lapse of time rendering the reliefs infructuous
Whether the court should dismiss the petition on the ground that the reliefs sought are no longer effective

Subjects

writ petition
infructuous relief
limitation
petition dismissed
High Court of Bombay

Judgment

                                              31-WP-2468-2018+CHSW-63-2019-IN-WP-2468-2018.doc


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

                                               WRIT PETITION NO.2468 OF 2018
           Digitally signed
                                                           WITH
           by SATISH
SATISH
           RAMCHANDRA
           SANGAR
                                              CHAMBER SUMMONS NO.63 OF 2019
RAMCHANDRA
SANGAR     Date:
           2026.06.23                                       IN
           10:32:37
           +0530
                                               WRIT PETITION NO.2468 OF 2018

                              Samarth Erectors & Developers                              ...Petitioner
                                     V/s.
                              State of Maharashtra,
                              Through its Principal Secretary and Ors.                   ...Respondents

                                                                   *****
                              Mr.R.M.Haridas, Advocate for Petitioner.
                              Mr.Shamrao B. Gore, AGP, for Respondent Nos.1 and 4–State.
                              Mr.Yogesh Vijay Patil i/b. Ms.Ruchi Patil, Advocate for Respondent
                              Nos.2 and 3–SRA.
                                                                   *****
                                                         CORAM        :     M.S.KARNIK &
                                                                            S. M. MODAK, JJ.
                                                         DATE         :     22nd JUNE 2026
                              P. C. :-

                              1.     Learned counsel for the Petitioner submits that with passage of

                              time, the reliefs claimed in the Petition rendered infructuous.

                              2.     Consequently, the Petition is disposed of as infructuous.

                              3.     Chamber Summons is also disposed of.



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


                              Satish Sangar                                                               1/1

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