Bombay High Court

SUNITA TIPANNA MALI AND ORS.versusAAMSIDDHA APPARAYA MALI AND ORS. 131

Disposal: Disposed Off

Holding

The writ petition is infructuous and is disposed without addressing the merits.

Summary

Petitioners Sunita Tipanna Mali and others filed a writ petition against respondents Aamsiddha Apparaya Mali and others. The parties agreed that the Additional Tehsildar, Sankh, had issued an interim direction on 30‑09‑2026 and was not barred from deciding the matter. The Court held that, because the dispute had been finally decided by the administrative authority, the writ petition had become infructuous. Consequently, the petition was disposed without any examination of its merits. The Court noted that the parties remain free to challenge the Tehsildar's decision through the appropriate legal remedies.

Issues considered

Whether the writ petition remains maintainable after the matter has been finally decided by the Additional Tehsildar?

Subjects

writ petition
infructuous
interim direction
Additional Tehsildar
Civil appellate jurisdiction
High Court of Bombay

Judgment

                                                       94-WP-4108-2026 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR
                      CIVIL APPELLATE JURISDICTION
                       WRIT PETITION NO. 4108 OF 2026

Sunita Tipanna Mali And Ors.                                       ...Petitioners
      Versus
Aamsiddha Apparaya Mali And Ors. 131                             ...Respondents

                                  …..
Adv. Shashank Mangle (through V.C.) a/w Adv. Prajakta Kamble,
Advocate for Petitioners.
Mr. Sanjay D. Rayrikar, AGP for the Respondents-State.
                                  …..

                                      CORAM : SHAILESH P. BRAHME, J.

                                      DATE      : 06th OCTOBER, 2026.

P.C. :

           Both the counsel are ad idem that the learned Additional

Tehsildar, Sankh, has finally decided the matter vide order dated

30.09.2026, by way of interim direction. It was expressly stated that the

Additional Tehsildar was not precluded from deciding the matter.

Hence, the writ petition has become infructuous.

2.         Accordingly, the writ petition is disposed of as become

infructuous.

3.         It would be open for the parties to agitate their grievance against

the decision, as is permissible in law. This Court has not expressed any

opinion on the merits of the matter.

                                                 [ SHAILESH P. BRAHME, J.]


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