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Bombay High Court

SAUMYALATA SHYAMA SHETTYversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The cause of action does not survive; the petition is infructuous.

Summary

The petitioner, Saumyalata Shyama Shetty, filed a writ petition in the Bombay High Court challenging an action of the State of Maharashtra. The court examined the record and observed that, owing to the lapse of time, the cause of action for filing the petition no longer existed. Consequently, the petition was deemed infructuous. No substantive merits of the petition were addressed because the limitation barred the claim. The court therefore disposed of the petition without further hearing.

Issues considered

  • Whether the cause of action for the writ petition survives the limitation period

Subjects

  • limitation
  • cause of action
  • infructuous petition
  • writ petition
  • criminal appellate jurisdiction
  • Bombay High Court

Judgment

DTG                                                             26-Wp-2638-2015.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 2638 OF 2015

Saumyalata Shyama Shetty                                     … Petitioner
         V/s.
The State of Maharashtra                                     … Respondent
                    _______________________________________

Mr. Maitreya Shukla for Petitioner.

Mr. Ashish I. Satpute, A.P.P. for Respondent-State.
                 _______________________________________

                             CORAM : A. S. GADKARI AND
                                     SHYAM C. CHANDAK, JJ.
                             DATE  : 27th February 2026

P.C. :

1)              Perusal of record indicates that, due to passage of time, the

cause of action of filing Petition, as of today does not survive.

2)              Petition is disposed off as infructuous.



         ( SHYAM C. CHANDAK, J. )                      ( A.S. GADKARI, J. )




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