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Bombay High Court

ANADA KERBA CHOPWADversusTHE STATE OF MAH AND ORS

Disposal
DISPOSED OFF

Holding

The petition is dismissed as infructuous because the passage of time has made the relief sought unavailable.

Summary

Anada Kerba Chopwad filed a writ petition (No. 2727 of 2009) before the Bombay High Court, Aurangabad Bench, seeking relief against the State of Maharashtra and others. The petition remained pending for several years. The petitioner’s counsel argued that the passage of time had rendered the petition infructuous. The Court examined whether the petition could still be entertained given the delay. Finding that the relief sought could no longer be granted due to the lapse of time, the Court dismissed the petition as infructuous. The order was pronounced by Justice Arun R. Pedneker on 30 April 2026.

Issues considered

  • Whether the writ petition is maintainable after a prolonged lapse of time rendering it infructuous

Subjects

  • writ petition
  • infructuous
  • limitation period
  • maintainability
  • High Court

Judgment

2026:BHC-AUG:19513




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               912 WRIT PETITION NO. 2727 OF 2009

                                      ANADA KERBA CHOPWAD
                                               VERSUS
                                   THE STATE OF MAH AND ORS
                                                   ...
               Advocate for the Petitioner : Mr. J.B. Paikrao h/f. Mr. G.G. Suryawanshi
                           AGP for Respondents 1 & 2 : Mr. P.M. Kulkarni
                                                   ...

                                  CORAM         : ARUN R. PEDNEKER, J.
                                  Dated         : April 30, 2026

              PER COURT :-

              1.     The learned counsel for the petitioner submits that due to passage

              of time, the matter has become infructuous.

              2.     The writ petition is dismissed as infructuous.



                                                              ( ARUN R. PEDNEKER, J. )

              ssc/


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