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Bombay High Court

DefenceversusBasantabai Alias Basantabai w/o Ex Sep Late Kishan Verma

Decided
Disposal
Disposed Off

Holding

The petition is infructuous and is disposed of.

Summary

The Union of India filed a writ petition before the Bombay High Court against Basantabai, seeking relief. The petitioner submitted a photocopy of an order from the competent authority indicating that the Armed Forces Tribunal's order dated 19 October 2022, in Original Application No.23 of 2020, had already been implemented as a special case. On the basis of this submission, the Court held that the petition was no longer maintainable. Consequently, the Court disposed of the petition as infructuous. No substantive hearing on the merits was required.

Issues considered

  • What is the appropriate disposition of a writ petition when the relief sought has already been granted by the competent authority?

Subjects

  • writ petition
  • infructuous
  • implementation of order
  • Armed Forces Tribunal
  • Civil Appellate Jurisdiction
  • Bombay High Court

Judgment

          Digitally signed
          by SUNNY                                                                     8.WP-3814-2025.odt
SUNNY     ANKUSHRAO
ANKUSHRAO THOTE
THOTE     Date:
          2026.06.23
          17:39:34 +0530
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                                WRIT PETITION NO.3814 OF 2025
                             Union of India                                ….Petitioner
                                       Versus
                             Basantabai alias Basantibai
                             w/o. Ex. Sep. (Late) Kishan Varma         ….Respondent
                                                             ----
                             Ms. Anamika Malhotra for the Petitioner.
                             Mr. Yogendra Pratap Singh for the Respondent.
                             Major Harkaran Singh, Officer present.
                                                             ----
                                                      CORAM : RAVINDRA V. GHUGE, ACJ.
                                                                         &
                                                                  GAUTAM A. ANKHAD, J.

                                                         DATE     : 22nd JUNE, 2026

                             P.C. :-

                             1.              The learned Advocate for the Union of India/Petitioner

                             tenders a photostat copy of an order issued by the competent

                             Authority in favour of the original Appellant, the sole Respondent

                             herein, vide which, the order of the Armed Forces Tribunal dated

                             19th October, 2022 delivered in Original Application No.23 of 2020,

                             has been implemented as a special case. She, therefore, submits, on

                             instructions from the Officer who is present in the Court hall, that

                             the Petition may be disposed off. The photostat copy of the above

                             stated order is taken on record and marked as ‘X’ for identification.




                             Gauri Gaekwad                      1 of 2
                                                          8.WP-3814-2025.odt




2.              In view of the above, this Petition is disposed off as

being infructuous.




(GAUTAM A. ANKHAD, J.)                      (ACTING CHIEF JUSTICE)




Gauri Gaekwad                      2 of 2


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