Bombay High Court

DAGADU TUKARAM AADE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

A writ petition that has become infructuous because of the passage of time must be disposed of as infructuous.

Summary

The petitioners, Dagadu Tukaram Aade and others, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging an order of the State of Maharashtra. The petition was pending for a considerable period. The petitioners' counsel argued that the passage of time had rendered the petition infructuous. The Court examined whether a petition that has become infructuous due to delay can continue to be entertained. Relying on the principle that a petition must be timely and that a lapse of time defeats its purpose, the Court held the petition could no longer be pursued. Consequently, the Court disposed of the petition as infructuous. The judgment was delivered by Justice Siddheshwar S. Thombre on 8 January 2026.

Issues considered

Whether a writ petition that has become infructuous due to the passage of time can be entertained by the Court

Subjects

writ petition
infructuous
petition disposal
procedural law
delay

Judgment

2026:BHC-AUG:445
                                                                        1009-WP-5202-2021.odt


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD


                                1009 WRIT PETITION NO. 5202 OF 2021

                                  Dagadu Tukaram Aade And Others
                                               VERSUS
                                 The State Of Maharashtra And Others

                                            …..
          Mr. Bhise Bhausaheb B, Advocate for the Petitioner
          Mrs. D. S. Jape, AGP for the Respondents - State
                                            …..

                                            CORAM : SIDDHESHWAR S. THOMBRE, J.
                                            DATE       : 08.01.2026


          PER COURT :

          1.       The learned Advocate for the Petitioners submits that by passage

          of time, this Petition has become infructuous.

          2.       In view thereof, the petition is disposed of as infructuous.




                                                   [SIDDHESHWAR S. THOMBRE, J.]


          Sameer/January-2026




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