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Bombay High Court

SUVARNA JALINDER BHOSALE AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ORS.

Disposal
Disposed Off

Holding

The petition was dismissed as infructuous because the petitioners' term of appointment had expired.

Summary

The petitioners, appointed as Special Assistant Public Prosecutors in Sangli district, challenged advertisements issued by the District Magistrate and Collector appointing them to those positions, seeking to have the advertisements quashed and to protect their services until regular appointments were made by the Maharashtra Public Service Commission. They argued the appointments were unlawful. The respondents, the State of Maharashtra, contested the petition. During proceedings, counsel for the petitioners informed the court that the petition had become infructuous because the petitioners' term as Regular Assistant Public Prosecutors had expired. Accordingly, the Court held that there was no longer any live controversy and disposed of the writ petition as infructuous.

Subjects

  • appointment
  • public prosecutor
  • writ petition
  • infructuous
  • administrative law

Judgment

                                                                            25-WP-4188-2018 (C).docx


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIRCUIT BENCH AT KOLHAPUR
                                         CIVIL APPELLATE JURISDICTION

                                          WRIT PETITION NO. 4188 OF 2018

                      Suvarna Jalinder Bhosale and others              … Petitioners
                                 V/s.
                      The State of Maharashtra through its
                      Secretary and others                             … Respondents
                                        ________________________
                      Mr. Vishwajit V. Nalawade i/b Mr. Milind Deshmukh, Advocate for
                      Petitioners.


                      Mr. R.P. Kadam, A.G.P, for Respondent – State.
                                       _________________________
         Digitally
         signed by
         SHAILAJA
SHAILAJA SHRIKANT                                     CORAM        : RAJESH S. PATIL &
SHRIKANT HALKUDE
HALKUDE Date:                                                        ABHAY J. MANTRI, JJ.
         2026.09.16
         14:44:19
         +0530


                                                      DATED        : SEPTEMBER 15, 2026
                      P.C.:


                      1.      By the present Writ Petition, the Petitioners are seeking

                      following reliefs;


                                 “a. To quash and set aside the impugned
                                 advertisement dated 26th March, 2018 and 27th
                                 March, 2018 issued by the Respondent No. 2 i.e.
                                 the District Magistrate and District Collector,
                                 Sangli, in respect of Special Assistant Public
                                 Prosecutors in Sangli District;



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                                                       25-WP-4188-2018 (C).docx


           b. To protect the services of the Petitioners and
           other     Special   Assistant   Public   Prosecutors
           appointed in Sangli District till the appointment of
           the Regular Assistant Public Prosecutors through
           MPSC;”.

2.     Learned counsel appearing for the Petitioners submits that

the Petition has become infructuous, inasmuch as the term of

appointment of the Petitioners as “Regular Assistant Public

Prosecutors” has expired.

3.     In view of the above, the Petition is disposed of as

infructuous.



[ABHAY J. MANTRI, J.]                           [RAJESH S. PATIL, J.]




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