Bombay High Court

LALBAHADUR SARJUPRASAD VISHWAKARMA AND ANR.versusUNION OF INDIA

Decided: 24 August 2026
Disposal: DISPOSED OFF

Holding

The writ petition is infructuous and is disposed of.

Summary

Petitioners Lalbahadur Sarjuprasad Vishwakarma and others filed a writ petition against the Union of India concerning a structure that the Railways had ordered to be demolished. The Railways subsequently issued a demolition notice and the structure was demolished. Petitioners' counsel argued that the cause of action no longer existed, rendering the petition infructuous. The Respondent's counsel concurred with this submission. The Court held that, since the subject matter had been demolished, the petition was indeed infructuous and consequently disposed of.

Issues considered

What is the effect on a writ petition when the subject matter of the dispute has been demolished, rendering the cause of action moot?

Subjects

demolition
writ petition
infructuous
Railways
civil procedure

Judgment

                                                                   39 WP 1296-24-OS.DOC




                                                                              Priya Soparkar

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               ORDINARY ORIGINAL CIVIL JURISDICTION
                                  WRIT PETITION NO. 1296 OF 2024
                   Lalbahadur Sarjuprasad Vishwakarma and anr.             …Petitioners
                         Versus
                   Union of India                                          …Respondent


                   Mr. Anil R. Mishra, for the Petitioners.
                   Mr. Chetan C. Agrawal, for the Respondent.


                                        CORAM:      SUMAN SHYAM &
                                                    ADVAIT M. SETHNA, JJ.
                                        DATED:      24th AUGUST 2026.
                   PC:-
                   1.     Mr. Anil R. Mishra, learned counsel appearing for the

                   Petitioners submits that the Railways had subsequently issued

                   demolition notice whereafter, the structure has also been

                   demolished. Therefore, the cause in the Writ Petition does not

                   survive and the Writ Petition has become infructuous.


                   2.     Mr. Chetan C. Agrawal, learned counsel appearing for the

                   Respondent has confirmed the said submission.

PRIYA
RAJESH
SOPARKAR           3.     In view of the above, The Writ Petition has become
Digitally signed
by PRIYA RAJESH
SOPARKAR
Date: 2026.08.25
11:05:50 +0530

                   infructuous and the same is accordingly disposed of.


                   (ADVAIT M. SETHNA, J.)                       (SUMAN SHYAM, J.)
                                                                                           {




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