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Bombay High Court

SHRI. VIJAY BABURAO SALUNKEversusTHE STATE OF MAHARASHTRA, THROUGH SECRETARY, DEPT OF TRIBAL DEVELOPMENT AND ORS

Decided
Disposal
Disposed Off

Holding

The petitions are disposed of as infructuous.

Summary

Several writ petitions (Nos. 3074/2013, 2671/2013, 7727/2013) were filed against the State of Maharashtra and others. The Government Pleader issued a notice on 29 November 2022 requiring the petitioners to file a praecipe in advance if the petitions had not become infructuous. The petitioners failed to file the required praecipe. Consequently, the Court held the petitions to be infructuous and disposed of them, while granting the petitioners liberty to revive the petitions if any cause of action remains. No costs were awarded.

Issues considered

  • Whether the writ petitions become infructuous due to the petitioners' failure to file a praecipe as directed by the Court

Subjects

  • infructuous
  • praecipe
  • civil procedure
  • writ petition
  • high court

Judgment

                                            264-WP-3074-2013-WP-2671-2013-IA-18884-2022.doc


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 3074 OF 2013

                      SMT.MANISHA JAGANNATH RAJWADE ...PETITIONER

                             V/s.

                      THE STATE OF MAHARASHTRA & ORS..RESPONDENTS

                                                  WITH

                                 WRIT PETITION NO.2671 OF 2013
                                             WITH
                             INTERIM APPLICATION NO.18884 OF 2022
                                              IN
                                 WRIT PETITION NO.2671 OF 2013
                                             WITH
                             CIVIL APPLICATION (ST) NO.7185 OF 2019
                                              IN
                                 WRIT PETITION NO.2671 OF 2013

                      SMT. SONALI D/O. ASHOK CHAVAN ...PETITIONER

                             V/s.

                      THE STATE OF MAHARASHTRA& ORS...RESPONDENTS

                                                  WITH

                                 WRIT PETITION NO. 7727 OF 2013
                                             WITH
                            INTERIM APPLICATION (ST) NO. 9240 OF 2022
                                              IN
                                 WRIT PETITION NO. 7727 OF 2013

                      SHRI. VIJAY BABURAO SALUNKE ...PETITIONER

                             V/s.

                      THE STATE OF MAHARASHTRA& ORS...RESPONDENTS
         Digitally
         signed by
         PRIYA
PRIYA    RAJESH
RAJESH   SOPARKAR
SOPARKAR Date:
         2022.12.09
         10:58:54
         +0530




                      prs                                                              2
                           264-WP-3074-2013-WP-2671-2013-IA-18884-2022.doc




None for the petitioners.
Mrs. R. A. Salunkhe, AGP for the respondents.



                           CORAM: DIPANKAR DATTA, CJ &
                                  ABHAY AHUJA, J.

                           DATE :        DECEMBER 7, 2022


P.C.:

1.      These petitions have been notified as per the list of
matters       as   received    from      the   office    of   the   learned
Government Pleader to have become infructuous. As per the
office notice dated 29th November, 2022, the advocate for the
petitioners was called upon to give a praecipe in advance in
case    the    petitions    have   not    become        infructuous.   Such
praecipe has not been received in regard to these petitions.
Accordingly, the petitions are disposed of as infructuous;
however, with liberty to the petitioners to revive the petitions
in case something survives.

2.      No costs.



 (ABHAY AHUJA, J.)                                 (CHIEF JUSTICE)




prs                                                                     2


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