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Bombay High Court

SHRI VASANTA SADASHIV BARAPATREversusCHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, RATNAGIRI AND ANR.

Disposal
Disposed Off

Holding

The petition is dismissed as infructuous because the petitioner does not claim any caste‑based benefit and the matter has been superseded by subsequent Government resolutions.

Summary

The petitioner, Shri Vasanta Sadashiv Barapatre, filed a writ petition before the Bombay High Court challenging a decision of the Zilla Parishad, Ratnagiri. The petitioner’s counsel argued that the petition had become infructuous because of two Government Resolutions dated 21 December 2019 and 14 December 2022, and because the petitioner was not seeking any caste‑based benefit. The Court examined whether the petition retained any operative relief in view of the stated resolutions and the lack of a specific claim. Finding that the petitioner had no substantive claim to pursue, the Court held the petition to be infructuous. Consequently, the petition was disposed of without further adjudication.

Issues considered

  • Whether the writ petition is maintainable when it is alleged to be infructuous due to subsequent Government resolutions.
  • Whether the petitioner is entitled to any relief in the absence of a claim for caste‑based benefits.

Subjects

  • writ petition
  • infructuous
  • caste benefit
  • Civil Appellate Jurisdiction
  • Bombay High Court

Judgment

                                                      36 - WP - 9681 - 2016.docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                   CIVIL APPELLATE JURISDICTION


                  WRIT PETITION NO. 9681 OF 2016

Shri Vasanta Sadashiv Barapatre                 …Petitioner
            V/s.
Chief Executive Officer, Zilla Parishad,
Ratnagiri And Anr.                              …Respondents

Mr. Sushant Yeramwar (through V.C.) a/w Saurabh
Tandale, for the petitioner.
Mr. R.P. Kadam, AGP for the respondent – state.
Mr. Shashank Mangle a/w Adv. Prajakta Kamble, for the
respondent no. 2.

                     CORAM : RAJESH S. PATIL &
                             ABHAY J. MANTRI, JJ.

                     DATED     : AUGUST 17, 2026
P.C.:
1.      Mr. Sushant Yeramwar, learned counsel appearing for the
petitioner submits that the present petition has become infructuous in
view of Government Resolutions dated 21 December 2019 bearing No.
BCC 2018/Pra.Kr 308/16-B and dated 14 December 2022 bearing No.
BCC 2019/Pra.Kr 581-A/16-B. Mr. Sushant Yeramwar, submits that the
petitioner is not claiming any benefits of the caste which has been
referred to in the present Writ Petition. Therefore, the petition has
becoming infructuous.

2.      In view of the statement made by Advocate Sushant Yeramwar
the present Writ Petition stands disposed of as infructuous.



(ABHAY J. MANTRI, J.)                             (RAJESH S. PATIL, J.)



Rushi                                                                         1


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