Bombay High Court

SHANKAR VITHAL SHETTYversusTHE ASSISTANT COMMISSIONER OF POLICE, NAUPADA DIVISION, THANE AND ANR

Decided: 4 March 2026
Disposal: Disposed Off
Bench: AMIT BORKAR

Holding

The writ petition is dismissed as infructuous because the appeal it sought to enforce should have been decided long ago.

Summary

The petitioners filed a writ petition in 2013 seeking the State Government to decide an appeal within four weeks, as directed by the Court. By the date of this judgment in 2026, the stipulated period had long elapsed and the appeal should have been decided. The Court observed that there was nothing left to adjudicate because the appeal was already overdue. Consequently, the writ petition was held to be infructuous. The Court disposed of the petition without any order as to costs.

Issues considered

What is the appropriate disposition of a writ petition when the matter it seeks to enforce has become moot due to the lapse of the prescribed time for deciding the appeal?

Subjects

writ petition
infructuous
appeal delay
procedural lapse
jurisdiction

Judgment

                                                                           64-WP-4498-13.doc



                                                                                  Sayali


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

SAYALI                                WRIT PETITION NO. 4498 OF 2013
DEEPAK
UPASANI
Digitally signed by
                      Shankar Vitthal Shetty                      … Petitioners
SAYALI DEEPAK                    V/s.
UPASANI
Date: 2026.03.04
16:54:24 +0530        The Assistant Commissioner of Police
                      Naupada Division Thane and Others           … Respondents

                      None for Petitioner.
                      Mr. P. P. Kakade, Additional GP with M. S. Srivastav
                      AGP for state.



                                                 CORAM      : AMIT BORKAR, J.

                                                 DATED      : MARCH 04, 2026

                      P.C.:

                      1.      This Court, while issuing Rule, directed the State
                      Government to decide the petitioner’s Appeal within four weeks
                      from the date of the order. The order was passed in the year
                      2013. By this time, the Appeal must have been decided. Hence,
                      nothing remains to be adjudicated in the present writ petition.

                      2.      The writ petition stands disposed of as infructuous. No
                      order as to costs.


                                                                 (AMIT BORKAR, J.)



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