Created by Fuzzy Cloud

Bombay High Court

SHIVAJI NAMDEV SHELKEversusTHE DISTRICT COLLECTOR AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is deemed infructuous and therefore dismissed.

Summary

Shivaji Namdev Shelke filed writ petition No. 6019 of 2023 challenging proceedings initiated against him for moving a no‑confidence motion. The petitioner alleged that the proceedings were unjust and sought relief from the District Collector and other respondents. During the hearing, counsel for the petitioner submitted that, owing to the passage of time, the petition had become infructuous. The court examined whether the petition could still be entertained despite the alleged delay. Relying on the principle that a petition which loses its purpose due to elapsed time cannot be entertained, the bench held the petition to be infructuous. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the writ petition is maintainable when it has become infructuous due to the efflux of time.

Subjects

  • writ petition
  • infructuous
  • no confidence motion
  • procedural delay
  • high court

Judgment

2026:BHC-AUG:37620



                                                   (1)                       926 WP 6019 OF 2023


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                926 WRIT PETITION NO. 6019 OF 2023

                                      SHIVAJI NAMDEV SHELKE
                                                VERSUS
                              THE DISTRICT COLLECTOR AND OTHERS
                                                   ...
           Ms. Pratiksha S. Barsale h/f. Mr. S. R. Kedar, Advocate for the Petitioner
           Mr. A. V. Lavte, AGP for Respondent Nos.1 and 2 – State
           Mr. S. K. Shinde h/f. Mr. R. V. Gore, Advocate for Respondent Nos.4 to 10
                                                   …

                                              CORAM      : AJIT B. KADETHANKAR, J.
                                              DATE       : 19.08.2026

           PER COURT :-

           .              Ms. Pratiksha S. Barsale h/f. Mr. S. R. Kedar, learned Advocate for

           the petitioner submits that by efflux of time, the petition has become

           infructuous. She submits that the petitioner was aggrieved by the proceeding

           undertaken against the petitioner for raising no confidence motion.


           2.             In view of this submission, Writ Petition stands disposed of as

           infructuous.




                                                               [AJIT B. KADETHANKAR, J.]
           PRW


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.