Bombay High Court

M/S BHOJWANI HOMES JOINT VENTURE THROUGH PARTNERS THROGH ATTORNEY, MR. KUMAR LALWANIversusTHE EXECUTIVE OFFICER, ZILLAH PARISHAD AND ORS

Decided: 28 September 2026
Disposal: Disposed Off

Holding

The petition was dismissed as infructuous because the relief sought had already been granted.

Summary

The petitioner, M/s Bhojwani Homes Joint Venture, filed a writ petition before the Bombay High Court seeking certain reliefs. The petitioner’s counsel submitted that the reliefs sought had already been granted by a prior decision recorded as Application at Exhibit‑5. The court examined whether the petition remained viable in view of the earlier grant. Finding that the reliefs were already satisfied, the court held the petition to be infructuous. Consequently, the petition was disposed of, although the court noted that all points raised would remain open for consideration in any future proceedings.

Issues considered

What is the effect of a prior grant of relief on the maintainability of a subsequent writ petition?

Subjects

writ petition
infructuous
relief already granted
petition disposal
High Court

Judgment

                          Renuka Thakur                                                 28-WP-7653-2016.docx


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION
                                               WRIT PETITION NO. 7653 OF 2016
                          M/S Bhojwani Homes Joint Venture                         ...Petitioner
                          Through Partners Throgh Attorney, Mr.
                          Kumar Lalwani
                                               V/s.

                          The Executive Officer, Zillah Parishad                  ...Respondents
                          And Ors
                                                       ________________
                          Mr. Soham Badole i/b Mr. Pavan Patil for Petitioner.
                          None for Respondent.
                                                          ________________
                                                                   CORAM: SANDEEP V. MARNE, J.
                                                                    DATED: 28 SEPTEMBER 2026.


                          P.C.:


                          1)              Mr. Badole, the learned counsel appearing for the Petitioner,
                          on instructions, submits that the relief sought in the Petitions are
                          already granted in favour of the Petitioner by way of decision of
                          Application at Exh-5.


                          2)              The Petition is thus rendered infructous and the same is
                          accordingly disposed of. All points raised in the Petition are however
                          kept open.


                                                                               [SANDEEP V. MARNE, J.]


Signed by: Renuka S Thakur
                                                              Page No.1 of 1
Designation: PA To Honourable Judge                        28 SEPTEMBER 2026
Date: 29/09/2026 17:31:34

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