Bombay High Court
MANOJ HARIRAM NIRDEversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
The writ petition is deemed infructuous and is disposed of.
Summary
The petitioner, Manoj Hariram Nirde, filed a writ petition seeking a direction to the Sub-Divisional Officer (S.D.O.) of Majalgaon to decide his application for a caste certificate filed on 7 April 2026. The S.D.O. had already rejected the application on 25 July 2026 on the ground that the petitioner failed to produce a pre‑independence era document and offered no other supporting evidence. The petitioner argued that the rejection was unjust, but the court observed that the petition had become infructuous because the administrative decision was already taken. Consequently, the High Court disposed of the writ petition as infructuous. The court, however, indicated that the petitioner may still challenge the S.D.O.'s order by filing an appropriate proceeding, with the limitation period starting from the date of the court's order.
Issues considered
- What is the appropriate remedy when a writ petition seeks a direction to an authority that has already rejected the underlying application?
- Whether the writ petition becomes infructuous upon the prior rejection of the caste certificate application by the S.D.O.
Subjects
- caste certificate
- writ petition
- infructuous
- sub‑divisional officer
- administrative law
- limitation period
Judgment
2026:BHC-AUG:36724-DB
1 908-wp 9906-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 9906 OF 2026
Manoj Hariram Nirde .. Petitioner
Versus
The State Of Maharashtra
Through Its Secretary And Another .. Respondents
Mr. Anil P. Piratwad, Advocate for Petitioner.
Smt. S. S. Joshi, AGP for Respondent Nos. 1 & 2.
CORAM : KISHORE C. SANT AND
JITENDRA JAIN, JJ.
DATE : 14th AUGUST, 2026.
PER COURT :-
1. This petition is filed seeking direction to respondent No. 2 –
learned S.D.O., Majalgaon to decide the application dated
07.04.2026 filed by the petitioner seeking caste certificate.
2. The learned A.G.P. on instructions submits that the
application of the petitioner is already rejected by the learned
S.D.O. on 25.07.2026. It is stated in the rejection order that the
petitioner has failed to produce the document of pre-
independence era. No any other document is produced alongwith
the application.
2 908-wp 9906-2026.odt
3. In view of the same, it is thus seen that the petition has
become infructuous. Therefore, the writ petition stands disposed
of as infructuous.
4. It is open for the petitioner to challenge the decision of the
learned S.D.O. by filing appropriate proceeding. Since the
petitioner was not aware of the order passed by the learned S.D.O.
and he has got the knowledge today in the Court, the period of
limitation to challenge the order of learned S.D.O. shall start
running from today.
( JITENDRA JAIN, J.) ( KISHORE C. SANT, J. )
P.S.B.
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