Bombay High Court

ROKDOBA EDUCATION SOCIETY AND ORS.versusRAMDAS MARUTI PAWAR AND ORS.

Decided: 4 March 2026
Disposal: Disposed off as Withdrawn
Bench: AMIT BORKAR

Holding

The petition is infructuous and is therefore disposed of.

Summary

The petitioners, Sayali Deepak and others, filed a writ petition against respondents Upasani and others in the Bombay High Court. The petition sought relief concerning the respondent's reinstatement, but the respondent was subsequently reinstated and the petitioner retired as Head Master, rendering the relief sought moot. The petitioner's counsel applied for permission to withdraw the petition on these grounds. The Court examined whether the petition had become infructuous and whether it should be dismissed. Finding that there was no longer any live controversy, the Court held the petition to be infructuous and disposed of it without awarding costs. Consequently, the writ petition was dismissed as infructuous.

Issues considered

Whether the writ petition is infructuous and may be disposed of without adjudicating the merits

Subjects

withdrawal of petition
infructuous petition
writ petition
civil appellate jurisdiction
court disposal

Judgment

                                                                            44-WP-4844-11.doc



                                                                                  Sayali


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

SAYALI                                 WRIT PETITION NO. 4844 OF 2011
DEEPAK
UPASANI
Digitally signed by
                      Rokdoba Education Society and Others        … Petitioners
SAYALI DEEPAK                   V/s.
UPASANI
Date: 2026.03.04
16:54:21 +0530        Ramdas Maruti Pawar and Others              … Respondents

                      Mr. Siddhu I., for Petitioners.
                      Mr. H. D. Mulla, AGP for State-Respondent no. 2.
                      MR. S. V. Pitre, with Mr. Mahesh Subramaniam. for
                      Respondent no. 1 .



                                                   CORAM     : AMIT BORKAR, J.

                                                   DATED     : MARCH 04, 2026

                      P.C.:

                      1.       The learned Advocate for the petitioner, on instructions,
                      seeks permission to withdraw the petition as by the impugned
                      order, the respondent was reinstated, and he has retired as Head
                      Master. 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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