Bombay High Court

VAIJAYANTI DIPAK KOHLIversusTHE COLLECTOR AND ANR.

Disposal: Disposed Off

Holding

The writ petition is disposed of as infructuous because the petitioner has filed an Original Application before the Maharashtra Administrative Tribunal seeking the same relief.

Summary

Petitioner Vaijayanti Dipak Kohli filed a writ petition seeking payment of pension and post‑retirement benefits that had been withheld by the Collector. While the petition was pending, she filed an Original Application before the Maharashtra Administrative Tribunal (MAT) seeking the same relief and to set aside a decision dated 27 October 2023. The Attorney General of the State argued that the filing of the MAT application rendered the writ petition infructuous. The High Court, noting that an alternative statutory remedy had been availed, held that the writ petition could no longer be entertained and disposed of it as infructuous.

Issues considered

Whether a writ petition becomes infructuous when the petitioner has availed an alternative statutory remedy for the same relief.

Subjects

pension
writ petition
alternative remedy
infructuous
Maharashtra Administrative Tribunal
administrative law

Judgment

                                                                   9-WP-320-2018.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIRCUIT BENCH AT KOLHAPUR
                              CIVIL APPELLATE JURISDICTION
                              WRIT PETITION NO. 320 OF 2018

             Vaijayanti Dipak Kohli                                 …Petitioner
                   Vs
             The Collector and Anr.                               …Respondents

             Mr. Abhang Suryawanshi i/b Mr. Pandit Kasar, advocate for the
             Petitioner
             Mr. N. C. Walimbe, Addl GP a/w Mr. Santosh A. Jadhav, ‘B’ Panel
             Counsel for Respondent Nos.1 and 2.

                                  CORAM : RAJESH S. PATIL, &
                                          ABHAY J. MANTRI, JJ.
                                   DATE      : 21 SEPTEMBER 2026
             P. C. :
             1.      In the present Writ Petition, the Applicant is seeking a

             direction to the Respondent to pay all the pension benefits withheld

             by them and thereby sanction pension benefits along with all other
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MASHAL
             post-retirement benefits. This petition was filed on 20 of November
Digitally
signed by
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MASHAL
Date:
2026.09.22
10:04:33
             2017.
+0530




             2.      During the pendency of this Writ Petition, on 27 October

             2023, the Revenue and Forest Department of the State of

             Maharashtra     addressed   a   communication   to   the   Divisional

             Commissioner, Pune Division pursuant to which, the Petitioner

             herein filed an Original Application No. 225 of 2026 before the




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                                                       9-WP-320-2018.doc


Maharashtra Administrative Tribunal (MAT) Mumbai, thereby

seeking the relief to quash and set aside the decision dated

27 October 2023 and has also further sought pension benefits with

effect from 30 June 2016 and also for the payment of arrears and to

release all admissible retirement dues.


3.      The learned AGP has submitted that since the Petitioner has

filed a substantive application in the form of an Original Application

before the MAT, the present petition has now become infructuous.


4.      This matter was before us on 2 September 2026, when time

was granted to the parties. Today this matter is called for the third

time and the Advocate appearing for the Petitioner is not able to

make further submissions.

5.      Considering the fact that after filing of this petition, the

Petitioner has preferred an Original Application before the MAT

seeking similar kind of relief as prayed in the Writ Petition, since

alternate remedy has been availed, this Writ Petition stands

disposed of as infructuous.



(ABHAY J. MANTRI, J.)                          (RAJESH S. PATIL, J.)




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