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Bombay High Court

VISHAL DAIRY THR ITS PROPRIETORversusSTATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is disposed of as infructuous.

Summary

Vishal Dairy, through its proprietor, filed a writ petition (939 WRIT PETITION NO. 9404 OF 2026) before the High Court of Bombay, Aurangabad Bench, challenging actions of the State of Maharashtra. The petitioner argued that the appeal he had filed before the Commissioner had already been decided in his favour, rendering the writ petition unnecessary. The learned counsel for the petitioner submitted that, on this basis, the petition should be considered infructuous. The Court examined the submission and found no merit in proceeding with the writ petition. Consequently, the Court disposed of the writ petition as infructuous and also ordered the disposal of any pending civil applications.

Issues considered

  • Whether the writ petition should be dismissed as infructuous on the ground that the petitioner’s appeal before the Commissioner has already been decided in his favour

Subjects

  • writ petition
  • infructuous
  • appeal
  • jurisdiction
  • civil applications

Judgment

2026:BHC-AUG:37556
                                                   1                         939 WP 9404-2026.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 939 WRIT PETITION NO. 9404 OF 2026

                         VISHAL DAIRY THROUGH ITS PROPRIETOR
                                        VERSUS
               STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

                                                …
             Mr. Sanket Nikam h/f. Mr. Y.R. Marlapalle – Advocate for Petitioner
             Ms. M.L. Sangit – AGP for Respondent Nos.1 to 3/State
                                                …

                                      CORAM            : MANJUSHA DESHPANDE, J.
                                      DATE             : 19.08.2026

             PER COURT :
             1.       Learned Counsel for the petitioner submits that the appeal filed by

             the petitioner before the learned Commissioner has already been decided

             in his favour and, therefore, the present matter has become infructuous.


             2.       In view of the submission, the Writ Petition stands disposed of as

             infructuous.


             3.       Pending Civil Applications, if any, also stand disposed of.




                                                           [ MANJUSHA DESHPANDE, J. ]




             Pooja Kale/


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