Bombay High Court

MAHARASHTRA BOILER AND TUBING CORPORATION THROUGH PROPRIETOR MOHD. SHAFI MOHD. HUSAIN HAMDULEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

The petitions are held to be infructuous and are dismissed.

Summary

The petitioners, Mohd. Shafi, Mohd. Husain, and Hamdule, filed writ petitions (Nos. 8751, 6385, and 8747 of 2014) before the Bombay High Court, Aurangabad Bench, challenging actions of the State of Maharashtra. The petitioners' counsel submitted that, owing to the passage of time, the matters raised in the petitions no longer survive and have become infructuous. The court examined whether any cause of action remained viable after the delay. Finding that the delay had indeed rendered the issues moot, the court held that no relief could be granted. Accordingly, the writ petitions were disposed of as infructuous, resulting in their dismissal.

Issues considered

Whether the writ petitions are infructuous due to lapse of time

Subjects

limitation
infructuous
writ petition
dismissal
high court

Judgment

                                                        70 WP No.8751.2014
                                    -1-

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                    WRIT PETITION NO. 8751 OF 2014

             MOHD. SHAFI MOHD. HUSAIN HAMDULE
                              VERSUS
           THE STATE OF MAHARASHTRA AND OTHERS
                                 ***
Advocate for the Petitioner : Ms. Deepali Nikalje h/f Mr.A. G. Talhar
AGP for Respondents-State : Mr. V. M. Jaware
                                 ***

                                WITH
                    WRIT PETITION NO. 6385 OF 2014

                                WITH
                    WRIT PETITION NO. 8747 OF 2014

                                    ***

                     CORAM : SACHIN S. DESHMUKH, J.
                        Date : 22nd July, 2026

PER COURT :-


1.              The learned counsel for petitioner submits that by

passage of time, nothing survives in the present petition. As such,

the issues involved in the petition have become infructuous.



2.              In view of the above, the writ petitions are disposed of

as infructuous.



                                          (SACHIN S. DESHMUKH, J.)

Omkar Joshi

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