Bombay High Court

MATOSHRI SARVAJANIK VACHANALAYA, OSMANABADversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

All three writ petitions were dismissed as infructuous because the relief sought was no longer available.

Summary

The petitioner, Samrat Ashok Vachnalaya, filed three writ petitions (Nos. 3948, 4330, and 4332 of 2015) before the Bombay High Court, Aurangabad Bench. For petitions 4330 and 4332, the petitioner’s counsel submitted that a subsequent order by the competent authority rendered the petitions moot, leading the court to dismiss them as infructuous. In petition 3948, the respondent’s counsel informed the court that the appeal against the order dated 25‑08‑2014 had already been filed before the Magistrate and was rejected, leaving no remaining relief. Consequently, the court held that nothing survived in petition 3948 and dismissed it as infructuous as well. All three petitions were therefore dismissed without any substantive adjudication on the merits.

Subjects

writ petition
infructuous
appeal
magistrate
high court

Judgment

2026:BHC-AUG:27656


                     IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                BENCH AT AURANGABAD


                          36 WRIT PETITION NO. 3948 OF 2015

                          Samrat Ashok Vachnalaya, Osmanabad
                                           VERSUS
                           The State Of Maharashtra And Others
                                              ...
                      Advocate for the Petitioner : Mr. Wakure Sanjay A.
                        AGP for Respondents-State: Mr. B. V. Virdhe.
                                              …

                                        WITH
                            WRIT PETITION NO. 4330 OF 2015

                                        WITH
                            WRIT PETITION NO. 4332 OF 2015
                                          ...

                              CORAM        : SACHIN S. DESHMUKH, J.

                              Dated        : July 10, 2026


           PER COURT :-

           WRIT PETITIONS NO.4330 OF 2015 & NO.4332 OF 2015:

           1.    The learned Counsel for the petitioner, Mr. S. A. Wakure, submits

           that in view of the subsequent order passed by the competent

           authority, Writ Petition No.4330 of 2015 and Writ Petition No.4332 of

           2015 are rendered infructuous. Accordingly, Writ Petition No.4330 of

           2015 and Writ Petition No.4332 of 2015 are dismissed as infructuous.



           WRIT PETITION NO.3948 OF 2015 :

           2.    The learned AGP, Mr. B. V. Virdhe, on instructions from the officer

           present in the Court, submits that after the order dated 25/08/2014,

                                            Page 1 of 2
                                                                36 WP 3948-2015



the Appeal preferred before the Magistrate and the same has also

been rejected. In view thereof, it is open for the petitioner to avail of

such remedy as may be available in law. As such nothing survives in

Writ Petition No.3948 of 2015, the same is dismissed as infructuous.




                                               (SACHIN S. DESHMUKH, J.)




vj gawade/-.




                                 Page 2 of 2

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