Case Note & Summary
The petitioner, M/s Radhe Radhe Roses through its proprietor Sau. Leela Anil Agrawal, filed a writ petition before the Bombay High Court, Bench at Aurangabad, seeking quashing of notices dated 25.01.2022, 19.04.2022, and 30.06.2022 issued by respondent No. 3, the Regional Officer of MIDC, Latur Region. The petitioner also sought a direction to maintain plot No. 16, admeasuring 10935 sq. mtrs., in MIDC Area Latur as an open space (green belt) and to declare that the respondent Corporation cannot convert it into an industrial plot. Additionally, the petitioner sought reimbursement of expenses incurred for development of the plot. The background of the case is that the open space was allotted to the petitioner for cultivation of horticulture/orchard. The petitioner claimed that plantation was made, but due to drought and discontinuation of water supply by MIDC, 70% of the plantation could not survive. The petitioner also stated that temporary construction was made as per MIDC Rules. However, the learned advocate for MIDC submitted that the petitioner had not carried out the intended horticulture/orchard cultivation and that possession of the open space was taken from the petitioner on 02.08.2022, as per a panchnama placed on record. In view of this subsequent development, the court held that nothing survives in the petition. The writ petition was disposed of, and the petitioner was granted liberty to avail appropriate remedy as available in law.
Headnote
A) Writ Law - Infructuous Petition - Possession Taken - The petition challenging notices issued by MIDC for conversion of open space into industrial plot was disposed of as infructuous since possession of the plot was already taken by MIDC on 02.08.2022, as evidenced by panchnama. The court held that nothing survives in the petition and the petitioner may avail appropriate remedy as available in law. (Paras 3-4)
Issue of Consideration
Whether the petition challenging notices issued by MIDC regarding open space plot No. 16 survives after possession of the plot was taken by MIDC.
Final Decision
The writ petition is disposed of as nothing survives due to possession of the plot being taken by MIDC. The petitioner may avail appropriate remedy as available in law.
Law Points
- Writ petition becomes infructuous if possession of disputed property is already taken
- petitioner may avail alternative remedy
Case Details
2026 LawText (BOM) (07) 143
WRIT PETITION NO. 5932 OF 2023
NITIN B. SURYAWANSHI, ABASAHEB D. SHINDE
Mr. Pramod Gaikwad h/f Mr. A.G. Talhar. for the Petitioner, Mrs. Kalpalata Patil Bharaswadkar, AGP for State, Mr. S.S. Dande for respondent No. 3
M/s Radhe Radhe Roses Through Its Proprietor Sau. Leela Anil Agrawal
The State Of Maharashtra Through Its Secretary And Others
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Nature of Litigation
Writ petition challenging notices issued by MIDC regarding conversion of open space into industrial plot and seeking maintenance of green belt.
Remedy Sought
Petitioner sought quashing of notices dated 25.01.2022, 19.04.2022, and 30.06.2022, direction to maintain plot No. 16 as open space (green belt), and reimbursement of development expenses.
Filing Reason
Petitioner alleged that MIDC issued notices to convert the open space allotted to her for horticulture into an industrial plot, and she sought to protect the green belt and recover expenses.
Issues
Whether the writ petition survives after possession of the disputed plot was taken by MIDC.
Submissions/Arguments
Petitioner submitted that open space was allotted to her, plantation was made, but due to drought and discontinuation of water supply, 70% plantation could not survive; temporary construction was as per rules.
MIDC submitted that open space was allotted for horticulture/orchard but petitioner did not do that; possession was taken on 02.08.2022 as per panchnama.
Ratio Decidendi
A writ petition becomes infructuous if the subject matter of the dispute no longer exists, such as when possession of the disputed property has already been taken by the authority. In such cases, the court may dispose of the petition and grant liberty to the petitioner to seek alternative remedies.
Judgment Excerpts
In view of this and due to the subsequent developments, nothing survives in the petition.
The writ petition is therefore disposed of. The petitioner may avail appropriate remedy as available in law.
Procedural History
The petitioner filed Writ Petition No. 5932 of 2023 before the Bombay High Court, Bench at Aurangabad, challenging notices issued by MIDC. During the hearing, MIDC placed on record a letter dated 01.07.2020 from the petitioner and a panchnama showing possession was taken on 02.08.2022. The court disposed of the petition as infructuous.
