Bombay High Court

SHRI. VIRENDRAKUMAR NARAYAN VHORKATE AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

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

Holding

A writ petition is to be dismissed as infructuous when the subject matter has already been fully adjudicated and no question remains for the Court to consider.

Summary

The petitioners filed a writ petition (No. 4839 of 2013) arising out of the proceedings related to a no‑confidence motion in 2013. The High Court examined whether any substantive matter remained for adjudication. It observed that the underlying proceedings had been concluded and there was nothing left to be decided. Consequently, the Court held that the petition was infructuous. The writ petition was therefore disposed of without any costs being awarded.

Issues considered

What is the appropriate disposition of a writ petition when the underlying matter has been fully resolved and no issue remains for adjudication?

Subjects

writ petition
infructuous
no confidence motion
civil appellate jurisdiction
Bombay High Court

Judgment

                                                                           66-WP-4839-13.doc



                                                                                  Sayali


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

SAYALI                                 WRIT PETITION NO. 4839 OF 2013
DEEPAK
UPASANI
Digitally signed by
                      Virendrakumar Narayan Vhorkate and
SAYALI DEEPAK         Others                                      … Petitioners
UPASANI
Date: 2026.03.04
16:54:21 +0530                   V/s.
                      The State of Maharashtra and Others         … Respondents

                      None for Petitioners.
                      Mr.P. V. Nelsan Rajan, AGP for State-Respondent Nos.
                      1 to 3.


                                                  CORAM     : AMIT BORKAR, J.

                                                  DATED     : MARCH 04, 2026

                      P.C.:

                      1.       The petition arises out of proceedings of no confidence
                      motion of the year 2013. Hence, nothing remains to be
                      adjudicated in the present writ petition.

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




                                                                  (AMIT BORKAR, J.)




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