Bombay High Court

EKLAVYA JAL KSHETRIYA BHOI MATSYA VYAVSAIK CO-OPERATIVE SOCIETY, MAKNI LTD.versusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: ABASAHEB D SHINDE

Holding

The petition cannot be entertained as the order has expired, and therefore it is dismissed as infructuous.

Summary

The petitioner, EKLAVYA JAL KSHETRIYA BHOI MATSYA VYAVSAIK CO-OPERATIVE SOCIETY, challenged an order that allotted a fish tank to the respondents for a period of five years, which expired in 2015. The petition, filed in 2014, sought relief despite the expiry of the allotment period. The Court examined whether the petition could be entertained after the order had become ineffective. It held that since the allotment period had already lapsed, there was no operative relief to grant. Consequently, the petition was declared infructuous and disposed of. No substantive legal issues regarding the merits of the allotment were addressed.

Issues considered

What is the appropriate judicial response when a writ petition challenges an administrative order that has already expired?

Subjects

writ petition
administrative order
expiry
infructuous
fish tank allotment
cooperative society

Judgment

2026:BHC-AUG:14926
                                                   1                       942.doc



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                        942 WRIT PETITION NO. 6844 OF 2014

     EKLAVYA JAL KSHETRIYA BHOI MATSYA VYAVSAIK CO-OPERATIVE SOCIETY,
                                MAKNI LTD.
                                 VERSUS
                  THE STATE OF MAHARASHTRA AND OTHERS
                                            ...


           Advocate for the Petitioner : Mr. D.S. Bhapkar h/f. Mr. Salunke V.D.
                     AGP/APP for Respondent/State : Mr. P.S. Patil
                 Advocate for Respondent No.5 : Mr.4, Nagargoje R.T.
                                             …
                                           CORAM       : ABASAHEB D. SHINDE, J.
                                            DATE       : 08.04.2026
             PER COURT :
             .       By this Writ Petition, the petitioner has impugned the order
             passed by the authorities thereby, allotting the Fish Tank to the
             respondents and the allotment was for the period of five years from the
             date of passing of the order which is expired in the year 2015 itself. As
             such, nothing survives in this Writ Petition and thus, the same stands
             disposed of as infructuous.




                                                       ( ABASAHEB D. SHINDE, J. )




   vsj..

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