Bombay High Court

GOPAL PITAMBAR PATIL AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The writ petition is infructuous and is disposed of.

Summary

The petitioners, Gopal Pitambar Patil and another, filed Writ Petition No. 5012 of 2018 in the Bombay High Court, Aurangabad Bench, challenging actions of the State of Maharashtra and others. The petitioners' counsel informed the Court that they had already filed an appeal before the appropriate authority concerning the same grievance. The Court examined whether a writ petition remains maintainable when an alternative remedy is pending. Relying on the principle that a petition becomes infructuous if the relief sought is already pursued through a competent forum, the Court held that the writ petition could no longer be entertained. Consequently, the petition was declared infructuous and disposed of. No substantive merits of the underlying dispute were addressed.

Issues considered

Whether a writ petition is maintainable when the petitioner has already availed of an appeal before the concerned authority?

Subjects

Writ Petition
Infructuous
Alternative Remedy
High Court
Petition Disposed

Judgment

2026:BHC-AUG:12411-DB


                                                  1              64-wp 5012-2018.odt



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                   WRIT PETITION NO. 5012 OF 2018

                 Gopal Pitambar Patil And Another                           .. Petitioners

                          Versus

                 The State Of Maharashtra And Others                        .. Respondents

                 Ms. Sakshi Kale, Advocate h/f Mr. Ajeet B. Kale, Advocate for
                 Petitioners.
                 Mr. S. J. Salgare, AGP for Respondent Nos. 1 & 2.
                 Mr. Subhash Chillarge, Advocate for respondent Nos. 3 & 4.

                                          CORAM : KISHORE C. SANT AND
                                                  SUSHIL M. GHODESWAR, JJ.
                                           DATE       :   18th MARCH, 2026.

                 PER COURT :-

                 1.       The learned advocate for the petitioners informs that, the

                 petitioners have already availed remedy of appeal before the

                 concerned authority.


                 2.       Considering above, the writ petition has become infructuous

                 and the same stands disposed of as such.



                 ( SUSHIL M. GHODESWAR, J.)                    ( KISHORE C. SANT, J. )



                 P.S.B.

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