Bombay High Court
RAJENDRA P. PATHWARDHANversusSTATE OF MAHARASHTRA THR. GOVERNMENT PLEADER AND ORS.
- Disposal
- Disposed Off
Holding
The petition was disposed of as infructuous because the alleged impediment did not materialise.
Summary
The petitioner, Rajendra P. Pathwardhan, filed a writ petition challenging an alleged impediment to a procession caused by an illegal construction. Counsel for the petitioner argued that the cause no longer existed as the procession took place without any obstruction. The respondents, the State of Maharashtra and others, were represented by the Advocate General. The court noted that the petition no longer had a live controversy and allowed the petitioner to withdraw the petition. Consequently, the court disposed of the petition as infructuous, granting liberty to revive the matter if a similar issue arises in the future.
Issues considered
- Whether the alleged illegal construction caused an impediment to the procession complained of in the writ petition
Subjects
- writ petition
- procession
- illegal construction
- withdrawal
- infructuous
Judgment
2026:BHC-KOL:8880-DB
40-WP-4580-2026(C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4580 OF 2026
Rajendra P. Pathwardhan ...Petitioner
Versus
The State of Maharashtra and Others ...Respondents
——————
Mr. Vinit Dhotre (Through V.C.) for the Petitioner.
Mr. A. A. Alaspurkar, AGP for the Respondent-State.
——————
CORAM : SHARMILA U. DESHMUKH &
NEERAJ P. DHOTE, JJ.
DATE : SEPTEMBER 15, 2026.
P. C. :
1. Learned counsel appearing for the Petitioner submits that the
cause presently does not survive for consideration and seeks permission
to withdraw the Petition. The issue in the present case was as regards
the impediment, which could have been caused to the procession by
reason of an illegal construction. He would submit that the event has
taken place without any impediment.
2. In view of the above, the Petition is disposed of as infructuous,
with liberty to revive the cause in the event the same arises in future.
[NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.]
Jamadar-SL 1 of 1
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