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Bombay High Court

RELIANCE COMMUNICATION LTD, AURANGABAD AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition does not survive after the Supreme Court's common judgment and is disposed of.

Summary

Reliance Communication Ltd. and others filed a writ petition (WP 5708 of 2015) in the Bombay High Court, Aurangabad Bench, challenging a matter that was also pending in other cases. The petitioners' counsel informed the Court that all similar matters, including the present one, had been transferred to the Supreme Court, which disposed of them by a common judgment. The High Court noted that the issue raised in the petition had already been comprehensively decided by the Apex Court. Consequently, the Court held that the petition could no longer survive as a separate proceeding. The petition was therefore disposed of by the High Court.

Issues considered

  • What is the effect on a pending writ petition when the same issue has been finally decided by the Supreme Court?

Subjects

  • writ petition
  • maintainability
  • Supreme Court decision
  • petition disposal
  • jurisdiction

Judgment

                                   1                 WP / 5708 / 2015



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                901 WRIT PETITION NO. 5708 OF 2015

     RELIANCE COMMUNICATION LTD, AURANGABAD AND OTHERS
                           VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS

                                     ...
               Advocate for petitioners : Mr. Anand Bhandari
             Addl.GP for the respondent – State : Mr. P.S. Patil
                                     ...

            CORAM                : KISHORE C. SANT AND
                                   JITENDRA JAIN, JJ.

            DATE                 : 25 AUGUST 2026

PER COURT :

            Heard.


2.          The petition was on Board dated 8th June, 2015.             This

Court had directed learned Advocate for the petitioners to take

instructions as regards the present status.


3.          Learned Advocate Shri Bhandari today informed that the

other matters as well as this matter, wherein the issue involved is the

same, all such matters were transferred to the Hon’ble Apex Court and

the Hon’ble Apex Court has disposed of all such matters by common

judgment and order. He submits taht the issue is already covered. He

could not get any instructions from the petitioners.
                                  2                WP / 5708 / 2015


4.            However, looking to the fact that many similar matters

were disposed of by the Hon’ble Apex Court, this Court finds that this

petiton does not survive as of now.



5.            The petition, therefore, stands disposed of as such.




       [ JITENDRA JAIN ]                      [ KISHORE C. SANT]
            JUDGE                                  JUDGE

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