Bombay High Court

LAXMAN SITARAM KARPEversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is disposed of as infructuous because the underlying suit has been concluded.

Summary

Laxman Sitaram Karpe filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging actions of the State of Maharashtra. During the pendency of the petition, the substantive suit that formed the basis of the writ was fully disposed of. The petitioner’s counsel submitted that, with the suit concluded, there was nothing left for the court to consider. The Court examined whether a writ petition remains maintainable when the underlying dispute has been resolved. Finding that no relief could now be granted, the Court held the petition to be infructuous and ordered its disposal. Consequently, the writ petition was dismissed as there was no surviving cause of action.

Issues considered

What is the appropriate course of action when a writ petition becomes infructuous due to the disposal of the underlying suit?

Subjects

writ petition
infructuous
disposal of suit
jurisdiction
high court

Judgment

2026:BHC-AUG:38206



                                                       1
                                                                       938-wp-5872-2023

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                      WRIT PETITION NO. 5872 OF 2023

                                         Laxman Sitaram Karpe
                                                VERSUS
                      The State Of Maharashtra Through Its Secretary And Others
                                                   ...
                     Mr. G. P. Darandale, Advocate for the Petitioner
                     Mr. B. V. Virdhe, AGP for Respondent-State
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 21ST AUGUST, 2026

                     P.C. :-

                     .         Learned Advocate Mr. G. P. Darandale, Advocate for the

                     petitioner fairly submits that during pendency of the Writ

                     Petition, the suit itself has been disposed of.

                     2.        In view of the above, nothing survives for consideration

                     in the present Writ Petition. Hence, Writ Petition stands

                     disposed of as infructuous.



                                                           ( AJIT B. KADETHANKAR, J. )

                     Rushikesh/2026

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