Bombay High Court

MARTIN ALEX CORREAversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 4 March 2026
Disposal: Disposed Off
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed as infructuous.

Summary

Martin Alex Correa filed a writ petition before the Bombay High Court challenging the actions of the State of Maharashtra. The petition contained two prayer clauses: clause (a) seeking a certain relief and clause (b) seeking another relief. The Court examined clause (a) and held that it was not tenable in law. It then considered clause (b) and found that the passage of time had rendered it infructuous under the limitation principle. Consequently, the Court disposed of the petition as infructuous, effectively dismissing the petition.

Issues considered

Whether prayer clause (a) of the petition is tenable in law
Whether prayer clause (b) is barred by limitation and thus infructuous

Subjects

writ petition
prayer clause
limitation
dismissal
infructuous

Judgment

                 ssm                                                         49-wp3908.2015.doc

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      CRIMINAL APPELLATE JURISDICTION

                                       WRIT PETITION NO. 3908 OF 2015

            Martin Alex Correa                                               …..Petitioner

                     Vs.

            The State Of Maharashtra & Ors.                                  …..Respondents

                                     ____________________________________

            Mr. Deelip Satale a/w Padma Chinta i/by Mr. Harshad Bhadbhade for the
            Petitioner.
            Smt. Madhavi H. Mhatre APP, for the Respondent-State.
                             ____________________________________

                                                   CORAM :      A. S. GADKARI AND
                                                                KAMAL KHATA, JJ.
                                                      DATE :    4th MARCH, 2026.

            P.C.:-

            1)                  According to us, the prayer clause (a) of the Petition is not

            tenable in law. As far as prayer clause (b) is concerned, due to efflux of

            time, it has become infructuous and therefore present Petition does not

            survive.

            2)                  Petition is accordingly disposed off as infructuous.



                       (KAMAL KHATA, J.)                              (A.S. GADKARI, J.)

             Digitally signed
SANJIV    by SANJIV
          SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date: 2026.03.09
             12:00:12 +0530




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