Bombay High Court

NANASAHEB EKNATH BADEversusTHE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI ABASAHEB D SHINDE

Holding

A writ petition is not maintainable and must be dismissed as infructuous when the passage of time eliminates any surviving subject matter for relief.

Summary

The petitioner, Nanasaheb Eknath Bade, filed a writ petition before the Bombay High Court seeking relief against the State of Maharashtra. The petition was filed after a considerable lapse of time, and the court observed that due to the passage of time, no material or relief remained viable in the petition. The central issue before the court was whether the writ petition could be entertained despite the lapse of time and the consequent lack of surviving subject matter. The court held that a writ petition must have a live cause of action and cannot proceed when the relief sought is no longer available. Consequently, the court disposed of the petition as infructuous. The judgment was delivered by Justices Nitin B. Suryawanshi and Abasaheb D. Shinde on 2 July 2026.

Issues considered

Whether a writ petition is maintainable when the passage of time has rendered the relief sought unavailable

Subjects

writ petition
limitation
infructuous
procedural law
public interest litigation

Judgment

2026:BHC-AUG:25947-DB
                                           1                             970.WP.6555.26.odt

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             970 WRIT PETITION NO. 6555 OF 2026

                                 NANASAHEB EKNATH BADE
                                          VERSUS
                           THE STATE OF MAHARASHTRA THROUGH
                           THE PRINCIPAL SECRETARY AND OTHERS

                                                 ...
                       Advocate for the Petitioner : Mr. Undre Vikram Shivaji
                            AGP for Respondents: Ms. Neha B. Kamble
                                                 ...

                                   CORAM         : NITIN B. SURYAWANSHI AND
                                                   ABASAHEB D. SHINDE, JJ.


                                   DATE          : 02.07.2026


             PER COURT:

                          Due to passage of time, nothing survives in the writ

             petition. The writ petition is, therefore, disposed of as infructuous.




             (ABASAHEB D. SHINDE, J.)                  (NITIN B. SURYAWANSHI, J.)




             habeeb/

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